Last summer a U.S. district court in Austin placed an injunction on the Sonogram Bill. Claiming that our bill was vague and unconstitutional, Judge Sam Sparks enjoined the bill from taking effect. Attorney General Abbott quickly appealed this order to the Fifth Circuit. This morning the U.S. Fifth Circuit Court of Appeals overturned the district court injunction in a strongly worded order:
“Appellees failed to demonstrate constitutional flaws in H.B. 15. Accordingly, they cannot prove a substantial likelihood of success on each of their First Amendment and vagueness claims. This is fatal to their application for a preliminary injunction. Accordingly, we VACATE the district court’s preliminary injunction, REMAND for further proceedings consistent with this opinion, and any further appeals in this matter will be heard by this panel.”
Since I was first elected in 2007, I have tried to pass the Sonogram Bill, and I am very glad to see it finally take effect. If only one out of five women see the sonogram of their unborn child and decide against having an abortion, we could save more than 10,000 children!
I have always believed that our bill was constitutional, and in writing the Sonogram Bill I had three goals: 1. protect a woman’s right to know; 2. protect the unborn; and 3. protect the United States Constitution. I am extremely pleased that the Fifth Circuit felt that our legislation accomplished those things.
Please join me in praying for a positive outcome as the case returns to Judge Sparks’ District Court for trial.
View the official press release here.
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If the states stand up and speak out, then maybe the federal government will finally act ... To not pass this legislation would be to throw up our hands and do nothing.
Senator Dan Patrick speaking on the passage of legislation aimed at stopping Sanctuary Cities.