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Supreme Court Lets Kentucky Abortion Law Stand

Justices reject challenge to rule requiring women be shown fetal images and have ultrasounds
By Newser Editors and Wire Services
Posted Dec 9, 2019 11:40 AM CST
The Supreme Court has let stand an abortion law in Kentucky.   (AP Photo/J. Scott Applewhite, File)

(Newser) – The Supreme Court on Monday left in place a Kentucky law requiring doctors to perform ultrasounds and show fetal images to patients before abortions, per the AP. The justices did not comment in refusing to review an appeals court ruling that upheld the law. The American Civil Liberties Union had challenged the law on behalf of Kentucky's lone remaining abortion clinic. The ACLU argued that “display and describe” ultrasound laws violate physicians' speech rights under the First Amendment. The federal appeals court in Cincinnati upheld the Kentucky law, but its sister court in Richmond, Virginia, struck down a similar measure in North Carolina. The Supreme Court had previously upheld “informed consent" laws for women seeking abortions.

The court will hear an abortion case in March, over Louisiana's attempt to require doctors who perform abortions to have admitting privileges at local hospitals.Doctors' speech also has been an issue in non-abortion cases. The federal appeals court in Atlanta struck down parts of a 2011 Florida law that sought to prohibit doctors from talking about gun safety with their patients. Under the law, doctors faced fines and the possible loss of their medical licenses for discussing guns with patients. In Kentucky, doctors must describe the ultrasound in detail while the pregnant woman listens to the fetal heartbeat. Women can avert their eyes and cover their ears to avoid hearing the description or the fetal heartbeat. Doctors failing to comply face fines and can be referred to the state's medical licensing board. (Read more anti-abortion laws stories.)

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