Appeals court says Texas can enforce abortion law
Legal News Center
A Texas abortion law passed last year that requires doctors to show sonograms to patients can be enforced while opponents challenge the measure in court, a federal appeals court ruled Tuesday.
A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans overturned U.S. District Judge Sam Sparks' temporary order against enforcing the law, saying Sparks was incorrect to rule that doctors who oppose it had a substantial chance of winning their case. The court's opinion systematically dismantles the argument that the Texas law infringes on the free speech rights of doctors and patients, one of the key arguments for not enforcing the law.
"The required disclosures of a sonogram, the fetal heartbeat, and their medical descriptions are the epitome of truthful, non-misleading information," the opinion concluded.
Sparks ruled in August that several provisions of the state law violated the free-speech rights of doctors who perform abortions by requiring that they show and describe the sonogram images and describe the fetal heartbeat, all of which doctors have said is not necessary for good treatment.
The appeals court cited a 1992 U.S. Supreme Court ruling that "upheld an informed-consent statute over precisely the same 'compelled speech' challenges made" in the current Texas case.
Earlier rulings have found laws requiring doctors to give "truthful, nonmisleading and relevant" information are reasonable regulation, not ideological speech requiring strict scrutiny under the First Amendment, the appeals court said.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.