Are Abortion Ultrasound Laws Unconstitutional?
So far Texas, Oklahoma and North Carolina have passed laws requiring women to undergo an ultrasound before getting an abortion. Not only that — the doctor has to spell out exactly what the procedure entails, and the woman is required to view the ultrasound images of her fetus. Five other states are considering similar laws.
No doubt, America’s doctors are jumping for joy at the prospect of finally having something to do, since most of them have empty waiting rooms and lots of free time on their hands. This is why our health care system is so efficient and inexpensive.
These ultrasound laws — hereafter referred to as Spanish Inquisition 2.0 — are probably headed for the Supreme Court. Pro-choice groups are using the argument that the Spanish Inquisition 2.0 violates the First Amendment — for doctors.
The Supreme Court ruled in 1943 that “compelled speech” — in that particular case, requiring students to recite the Pledge of Allegiance — was unconstitutional. Tobacco companies have had mixed results with that approach. They’ve been required to post warning labels on cigarette packages for decades now. But the newer much more graphic warning labels have been overturned by some federal judges. We’ll see…
A professor from Elon School of Law said:
“In some ways it's a good strategy because ... the court under Chief Justice Roberts has been extremely protective of First Amendment speech rights.”
In some cases that’s been true. Then again, women aren’t corporations.