Texas Medical Providers, et al. v. Lakey, et al.

Justia.com Opinion Summary: Plaintiffs, physicians and abortion providers, sued the State under 42 U.S.C. 1983 for declaratory and injunctive relief against alleged constitutional violations resulting from Texas House Bill 15, an act "relating to informed consent to an abortion." Plaintiffs contended that H.B. 15 abridged their First Amendment rights by compelling the physician to take and display to the woman sonogram images of her fetus, make audible its heartbeat, and explain to her the results of both exams, as well as have her sign a consent form. The court held that the enumerated provisions of H.B. 15 requiring disclosures and written consent were sustainable under Planned Parenthood v. Casey, were within the State's power to regulate the practice of medicine, and did not violate the First Amendment. The court also held that the phrase "the physician who is to perform the abortion," the conflict between section 171.012(a)(4) and section 171.0122, and the provision in section 171.0123 regarding the failure to provide printed materials were not unconstitutionally vague. Therefore, plaintiffs failed to establish a substantial likelihood of success on any of the claims on which the injunction was granted and the court vacated the preliminary injunction.

Receive FREE Daily Opinion Summaries by Email