Supreme Court leaves Kentucky’s ultrasound law in place

National Court News

The Supreme Court on Monday left in place a Kentucky law requiring doctors to perform ultrasounds and show fetal images to patients before abortions.

The justices did not comment in refusing to review an appeals court ruling that upheld the law. Enforcement of the law had been on hold pending the legal challenge but will begin shortly, said Steve Pitt, general counsel to Kentucky Gov. Matt Bevin.

The American Civil Liberties Union had challenged the law on behalf of Kentucky’s lone remaining abortion clinic. The ACLU argued that “display and describe” ultrasound laws violate physicians’ speech rights under the First Amendment.

The federal appeals court in Cincinnati upheld the Kentucky law, but its sister court in Richmond, Virginia, struck down a similar measure in North Carolina.

The Supreme Court had previously upheld “informed consent” laws for women seeking abortions. The court will hear an abortion case in March, over Louisiana’s attempt to require doctors who perform abortions to have admitting privileges at local hospitals.

Doctors’ speech also has been an issue in non-abortion cases. The federal appeals court in Atlanta struck down parts of a 2011 Florida law that sought to prohibit doctors from talking about gun safety with their patients. Under the law, doctors faced fines and the possible loss of their medical licenses for discussing guns with patients.

In Kentucky, doctors must describe the ultrasound in detail while the pregnant woman listens to the fetal heartbeat. Women can avert their eyes and cover their ears to avoid hearing the description or the fetal heartbeat. Doctors failing to comply face fines and can be referred to the state’s medical licensing board.

Related listings

  • Suspect in Norway mosque attack bruised but smiling in court

    Suspect in Norway mosque attack bruised but smiling in court

    National Court News 08/07/2019

    A suspected gunman accused of an attempted terrorist attack on an Oslo mosque and separately killing his teenage stepsister appeared in court on Monday looking bruised and scratched, but smiling.The suspect did not speak, and his defense lawyer Unni ...

  • Ohio high court won't hear challenge over bite-mark evidence

    Ohio high court won't hear challenge over bite-mark evidence

    National Court News 06/16/2019

    The Ohio Supreme Court won't hear an appeal from a man sentenced to death for the 1985 rape, torture and slaying of a 12-year-old boy.Attorneys for 52-year-old Danny Lee Hill have unsuccessfully argued bite-mark evidence used against him was unreliab...

  • Federal appeals court rules against Trump on ending DACA

    Federal appeals court rules against Trump on ending DACA

    National Court News 05/14/2019

    A federal appeals court ruled Friday the Trump administration acted in an “arbitrary and capricious” manner when it sought to end an Obama-era program that shields young immigrants from deportation.A three-judge panel of the 4th U.S. Circ...

USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.