"The Supreme Court should strike these laws down once and for all".
Later this term, the justices are set to consider a separate Louisiana law that requires doctors to obtain admitting privileges from a nearby hospital. In the past, SCOTUS has been quick to strike down regulations perceived as an "undue burden" on abortion access, including in 1992's Planned Parenthood v. Casey and 2016's Whole Woman's Health v. Hellerstedt.
Lower courts have been divided over "display-and-describe" ultrasound laws.
Judge John K. Bush, an appointee of President Donald Trump, wrote in the majority opinion that while the law requires doctors to offer the ultrasound images and descriptions of them to the mothers, "t$3 here is no requirement that the patient view the images or listen to the doctor's description".
"While the patient is half-naked on the exam table with her feet in stirrups, usually with an ultrasound probe inside her vagina, the physician has to keep talking to her, showing her images and describing them, even as she tries to close her eyes and cover her ears to avoid the speech", the brief from EMW Women's Surgical Center said. "The only reason to force doctors to display and describe an ultrasound before an abortion - against a patient's will - is to shame and coerce someone who has chose to end a pregnancy".
Then in April, judges from the 6th U.S. Circuit Court of Appeals ruled 2-1 (pdf) that the Kentucky law did not violate the First Amendment rights of doctors, saying that there is nothing suspect about requiring a doctor, before performing an abortion, to give truthful, non-misleading factual information that is relevant to the patient's decision making process.
Pitt painted a different picture of the law.
The American Civil Liberties Union, which represented the clinic, said the court should have taken the case.
The ACLU called the law unconstitutional and unethical.
"The Supreme Court has rubber-stamped extreme political interference in the doctor-patient relationship", said attorney Alexa Kolbi-Molinas with the ACLU, which helped bring the challenge to Kentucky's law.
"Women facing an unexpected pregnancy deserve to have as much medically and technically accurate information as possible when they are making what could be the most important decision of their life", she said.