Federal Court Upholds Kentucky Law Requiring Doctors to Show a Woman Her Ultrasound Before An Abortions

Brittany M. Hughes | April 5, 2019

In another major victory for pro-lifers, a federal appeals court on Thursday upheld a new Kentucky law requiring doctors to conduct an ultrasound visible to a woman and allow her to hear the fetal heartbeat at least 24 hours prior to an elective abortion.

The Sixth Circuit Court of Appeals upheld the “Ultrasound Informed Consent Act” 2 to 1. The law was originally passed in 2017, but has been hamstrung in the courts after being immediately challenged by the abortion industry.

Angering pro-abortion advocates even more is the fact that the majority opinion was written by Trump-appointed Judge John Bush, who determined that the law did not violate a doctor's First Amendment right to free speech because the requirements included “truthful, non-misleading, and relevant information about an abortion."

“This also inherently provides the patient with more knowledge about the effect of an abortion procedure: it shows her what, or whom, she is consenting to terminate,” Bush wrote in his opinion. “That this information might persuade a woman to change her mind does not render it suspect under the First Amendment. It just means that it is pertinent to her decision-making.”

Kentucky Gov. Matt Bevin hailed the decision as a victory for life in a statement Thursday.

"Today is a historic day, as Kentucky continues to lead the charge in implementing strong pro-life protections for its citizens," he said. "We applaud the decision by the Sixth Circuit, which affirms the commonsense notion that patients should be well equipped with relevant information before making important medical decisions. I am grateful to be governor of a state that values every human life, and we are committed to continue our fight on behalf of the most vulnerable among us."