by Max Brantley
The law was passed by the state's Republican-controlled legislature in 2011 over the objections of then-Gov. Bev Perdue (D). The Woman's Right to Know Act, which Perdue vetoed, requires a doctor to give a woman an ultrasound prior to the procedure and to describe the fetus in detail, regardless of the patient's wishes. The doctor also would be compelled to give the patient the choice as to whether she wants to listen to the fetal heartbeat. The law provided an exception only for medical emergencies, and providers who refused to comply with the bill would face losing their medical licenses.
On Monday, the court said that the narration provision was medically unnecessary and constituted a form of forced government speech.
"This compelled speech, even though it is a regulation of the medical profession, is ideological in intent and in kind," the federal judges wrote in their opinion. "The means used by North Carolina extend well beyond those states have customarily employed to effectuate their undeniable interests in ensuring informed consent and in protecting the sanctity of life in all its phases."
"Transforming the physician into the mouthpiece of the state undermines the trust that is necessary for facilitating healthy doctor-patient relationships and, through them, successful treatment outcomes," the decision continues. "Abortion may well be a special case because of the undeniable gravity of all that is involved, but it cannot be so special a case that all other professional rights and medical norms go out the window."