A federal appeals court has ruled that a North Carolina law forcing women to undergo transvaginal ultrasound probes and view images of fetuses is unconstitutional.
The 4th Circuit Court of Appeals has just ruled that a 2011 North Carolina law mandating doctors performing abortions first perform invasive transvaginal ultrasound probes, deliver specific messages, and show specific images is unconstitutional.
Reagan-appointedÂ Judge J. Harvie Wilkinson III declared that forcing doctors to describe in detail images of a fetus that a woman is asking to be aborted was “compelled speech” that is ideological and not medical in nature, and thus unconstitutional. The focus of the ruling was on the doctor’s free speech rights and a woman’s right to not be forced to listen, more than the invasive transvaginal probe itself.
“This compelled speech, even though it is a regulation of the medical profession, is ideological in intent and in kind,” JudgeÂ Wilkinson wrote, striking down the “Women’s Right to Know Act” that had been vetoed by the governor but overridden by lawmakers.
“The means used by North Carolina extend well beyond those states have customarily employed to effectuate their undeniable interests in ensuring informed consent and in protecting the sanctity of life in all its phases,” Wilkinson’s ruling states. “We thus affirm the district courtâ€™s holding that this compelled speech provision violates the First Amendment.”Â
“While the state itself may promote through various means childbirth over abortion, it may not coerce doctors into voicing that message on behalf of the state in the particular manner and setting attempted here.”
The law, Judge Wilkinson notes, “finds the patient half-naked or disrobed on her back on an examination table, with an ultrasound probe either on her belly or inserted into her vagina.”
“Informed consent has not generally been thought to require a patient to view images from his or her own body,” he continues, “much less in a setting in which personal judgment may be altered or impaired…Rather than engaging in a conversation calculated to inform, the physician must continue talking regardless of whether the patient is listening…The information is provided irrespective of the needs or wants of the patient, in direct contravention of medical ethics and the principle of patient autonomy. …And it is intended to convey not the risks and benefits of the medical procedure to the patientâ€™s own health, but rather the full weight of the stateâ€™s moral condemnation. Though the state is plainly free to express such a preference for childbirth to women, it is not the function of informed consent to require a physician to deliver the stateâ€™s preference in a setting this fraught with stress and anxiety.”
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‘Oddest’: Legal Experts Mock Trump’s ‘Nutty’ and ‘Doomed to Fail’ Emergency Supreme Court Motion
It weighs in at 240 pages but legal experts are still mocking Donald Trump’s emergency petition to the U.S. Supreme Court to overturn an 11th Circuit Court ruling and allow the special master to continue to inspect the 103 classified documents retrieved from him Mar-a-Lago home.
“Oddest SCOTUS petition. Very technical and not terribly logical,” observed Andrew Weissmann, an NYU School of Law law professor and former DOJ official who served as the General Counsel for the Federal Bureau of Investigation and as special counsel to then-FBI Director Robert Mueller.
The motion was addressed to Justice Clarence Thomas, who oversees the 11th Circuit courts. His wife, Ginni Thomas, is an avowed supporter of Trump and his “Big Lie” claims he won the 2020 election.
“SCOTUS should send him packing,” tweets former U.S. Attorney Joyce Vance, now an MSNBC/NBC News legal analyst. “No surprise here, this was why he paid former Florida Solicitor General Chris Kise $3 million to sign on, no one else on his team could handle this.”
“Just watch SCOTUS turn Trump down 9-0. (Or 8-1 if Thomas dissents . . . ),” writes retired Harvard professor of law Laurence Tribe. “Will The Donald start calling ‘his’ three justices traitors? Will he say they have a ‘death wish’ as he did with McConnell?”
Weissmann took another hit at Trump’s Lawsuit, declaring it “nutty.”
“Trump argument to SCOTUS: 11th circuit had power to stay Cannon decision BUT it [could] not take the classified docs away from SM Dearie review. Nutty and if he won Dearie wd just say he won’t review the docs bc they are not Trump’s.”
University of Texas School of Law professor of law Steve Vladeck says that while the lawsuit is “not *entirely* laughable,” but he thinks “it’s both (1) doomed to fail; and (2) unlikely to accomplish much even if it succeeds.”
Former federal prosecutor Renato Mariotti says, “I would not be surprised if the Supreme Court decides not to hear it.”
Trump Asks Supreme Court to Intervene for Him in Classified Documents Case
Donald Trump on Tuesday petitioned the U.S. Supreme Court to intervene in his classified documents case, and reverse a ruling from the 11th Circuit Court of Appeals that allowed the U.S. Dept. of Justice access to the more than 100 classified and top secret documents federal agents recovered from his Mar-a-Lago residence and resort.
Trump is asking the nation’s highest court to order a special master to continue to inspect the 103 classified documents, despite the special master emphatically stating the government, not Trump, gets to decide what is classified and what is not, especially when Trump refused to provide a list of what he considered declassified.
The lawsuit, which is a massive 240 pages, mostly made up of other documents including the now infamous FBI photo of the classified documents on the Mar-a-Lago rug, is addressed to “The Honorable Clarence Thomas, Circuit Justice for the Eleventh Circuit,” and refers to the former president as “President Trump.”
The lawsuit also mentions the contents that federal agents took, including “89 empty envelopes,” while not noting they were classified document envelopes.
“As part of the 11th Circuit’s decision, the panel allowed the criminal investigation to use the seized documents, something [Judge] Cannon had previously barred,” The Washington Post notes. “Trump’s filing seeks only to reverse the appeals court’s ruling on the special master’s access to the documents, not the part of the decision concerning the investigation.”
This is a breaking news and developing story. Details may change.
Biden Will Include DeSantis in His Visit to Support Florida Hurricane Victims
President Joe Biden will travel to Florida Wednesday to support families devastated by Hurricane Ian, and will include the state’s GOP governor, Ron DeSantis, in his trip, the White House announced Tuesday.
Last week, asked if he would meet with DeSantis, a top detractor of the president, Biden told a reporter who asked, “I’ll meet with everybody who’s around. The answer is yes, if he wants to meet.”
President Biden on whether he plans to meet with Gov. Ron DeSantis (R-FL) when he goes to Florida:
“I’ll meet with everybody who’s around. The answer is yes, if he wants to meet.” pic.twitter.com/nJvW9kKH7T
— The Recount (@therecount) September 29, 2022
“This is not about anything having to do with our disagreements politically, this is about saving people’s lives, homes and businesses,” Biden also said last week.
President Biden says he’s had good conversations with Gov. Ron DeSantis (R-FL) about Hurricane Ian aid:
“He complimented me, he thanked me for the immediate response we had, he told me how much he appreciated it … This is not about … our disagreements politically.” pic.twitter.com/SymBlqG75X
— The Recount (@therecount) September 29, 2022
DeSantis asked President Biden for financial assistance for his state, battered by what experts say is one of the worst hurricanes in U.S. history. DeSantis voted against relief aid for victims of Hurricane Sandy when he served in Congress.
President Biden and the First Lady, Dr. Jill Biden, will travel via Air Force One to Fort Myers, one of the hardest-hit areas of Florida by Hurricane Ian.
But Fort Myers is also part of Lee County, where officials delayed evacuation orders.
“Lee County, which includes the hard-hit seaside community of Fort Myers Beach, as well as the towns of Fort Myers, Sanibel and Cape Coral, did not issue a mandatory evacuation order for the areas likely to be hardest hit until Tuesday morning, a day after several neighboring counties had ordered their most vulnerable residents to flee,” The New York Times reported. “By then, some residents recalled that they had little time to evacuate.”
“Lee County, which includes the hard-hit seaside community of Fort Myers Beach, as well as the towns of Fort Myers, Sanibel and Cape Coral, did not issue a mandatory evacuation order for the areas likely to be hardest hit until Tuesday morning, a day after several neighboring counties had ordered their most vulnerable residents to flee,” the Times added. “By then, some residents recalled that they had little time to evacuate.”
The St. Louis Post Dispatch blasted the Florida GOP governor, calling his “flip-flop on hurricane relief” a “study in right-wing hypocrisy.”
“DeSantis’ willingness to shelve his usual attacks on the Biden administration to politely request emergency federal aid in the wake of Hurricane Ian is an inspiring example of constructive bipartisanship — as is Biden’s announcement that the government will bear a big part of the expense,” the Dispatch Editorial Board stated. “It’s interesting, though, that DeSantis took exactly the opposite stance a decade ago when he joined other hard-right members of Congress who argued against generous federal recovery aid when Hurricane Sandy ravaged the Northeast.”
Over the weekend DeSantis was blasted by volunteer relief aid workers who were delayed for hours in distributing “food, water, medicine, diapers, and anything else people needed” so Gov. DeSantis could get a photo-op.
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