The U.S. Court of Appeals for the 5th Circuit ruled Tuesday, January 10, 2012 that the provisions of Texas' "abortion sonogram law" (HB 15, 82nd R.S.) are constitutional and can be enforced. The ruling overturned an August 30, 2011 U.S. District Court ruling that blocked key provisions of the new law. Below you will find the legislation and key court documents associated with the case.HB 15, 82nd Regular Session: Relating to informed consent to an abortion.
June 13, 2011: Class action complaint:
Texas Medical Providers Performing Abortion Services, et al. v. David Lakey, Commissioner of Texas Department of State Health Services, et al.; Class action complaint (No. 1:11-cv-00486, abortion sonogram law, HB 15, 82nd Leg.).
June 30, 2011: Plaintiff's motion for injunction:
Texas Medical Providers Performing Abortion Services, et al. v. David Lakey, Commissioner of Texas Department of State Health Services, et al.; Plaintiff's motion for preliminary injunction (No. 1:11-cv-00486, abortion sonogram law, HB 15, 82nd Leg.).
August 30, 2011: Court ruling (Judge Sam Sparks, U.S. District Court):
Texas Medical Providers Performing Abortion Services, et al. v. David Lakey (Commissioner of Texas Department of State Health Services), et al.; Order and Notice of Appeal by Attorney General (No. 1:11-cv-00486, abortion sonogram law, HB 15, 82nd Leg.).
September 28, 2011: Appeal by Texas Attorney General filed in the U.S. Court of Appeals for the 5th Circuit and the Supreme Court of the United States:
David Lakey, Commissioner of Texas Department of State Health Services, et al. v. Texas Medical Providers Performing Abortion Services, et al.; Emergency application for stay of preliminary injunction pending appeal to the U.S. Court of Appeals for the Fifth Circuit, Appendices and lower court rulings including 5th Circuit Sept. 28, 2011 (No. 11A335, abortion sonogram law, HB 15, 82nd Leg.).
January 10, 2012: Court ruling (U.S. Court of Appeals for the 5th Circuit) (Revised January 17, 2012):
Texas Medical Providers Providing Abortion Services, et al. v. David Lakey, Commissioner of Texas Department of State Health Services and Mari Robinson, Executive Director, Texas Medical Board (No. 11-50814, abortion sonogram law, HB 15, 82nd Regular Session).
January 13, 2012: Mandate order (U.S. Court of Appeals for the 5th Circuit):
Texas Medical Providers Providing Abortion Services, et al. v. David Lakey, Commissioner of Texas Department of State Health Services and Mari Robinson, Executive Director, Texas Medical Board; Appellants’ motion for immediate issuance of mandate or, in the alternative, for a stay of the district court’s preliminary injunction order pending issuance of the mandate, Court order granting (No. 11-50814, abortion sonogram law, HB 15, 82nd Regular Session)
