Legal Opinion

EMW Women's Surgical Ctr. v. Andrew Beshear

Court of Appeals for the Sixth Circuit

Decided April 4, 2019No. 17-6151/6183PublishedCited by 69 opinions

1Opinion of the Court

JOHN K. BUSH, Circuit Judge.

Under Roe v. Wade , 410 U.S. 113 , 93 S.Ct. 705 , 35 L.Ed.2d 147 (1973), a woman has the right to choose to have an abortion. To inform that choice, the Commonwealth of Kentucky directs a doctor, before performing an abortion, to auscultate (or make audible) the fetal heartbeat, perform an ultrasound, and display and describe the ultrasound images to the patient. This appeal principally concerns whether those requirements violate the doctor's First Amendment rights.

*424 "The Ultrasound Informed Consent Act," also known as "House Bill 2" or "H.B. 2," 1 is challenged by…

2Cases cited59 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Ex Parte YoungSupreme Court of the United States · 1908
  4. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  5. Roe v. WadeSupreme Court of the United States · 1973

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3Cited by69 opinions

  1. The Ohio State Univ. v. Redbubble, Inc.Court of Appeals for the Sixth Circuit · 2021
  2. Robert W. Otto v. City of Boca Raton, FloridaCourt of Appeals for the Eleventh Circuit · 2020
  3. L. W. v. Jonathan SkrmettiCourt of Appeals for the Sixth Circuit · 2023
  4. Latherian Harris v. City of Saginaw, Mich.Court of Appeals for the Sixth Circuit · 2023
  5. Dennis Black v. Pension Benefit Guaranty Corp.Court of Appeals for the Sixth Circuit · 2020

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