"Under the pretext of ensuring the patient's decision to have an abortion is 'voluntary, uncoerced, and informed,' the law has both the purpose and the effect of severely restricting access to abortion services, and violates patients' and physicians' First Amendment rights against compelled speech and patients’ right to informational privacy,"
Read the article
First of all, do you like the quotation remarks around voluntary, uncoerced, and informed? You can just feel the disdain they have for the notion that a woman would be informed about an abortion so that she can do it voluntarily and without pressure from a "counselor" at a PP abortion mill women's resource center.
I digress though. This is what caught my eye.
violates patients' and physicians' First Amendment rights against compelled speech and patients’ right to informational privacy
Is this in your copy of the US Constitution? What the hell does it even mean?
Read the article, do you see anything that compels speech or violates their privacy?
The closest I see is making a case that physicians are being compelled to discuss what happens during an abortion. .
We restrict freedom of speech all of the time in health care though.
I am very limited on what I can discuss about a person's records or even what I can view if I do not have a need to.
We have limits on what we can say in the ER without running afoul of federal equal access laws.
We cannot use English, the national language of the US and my native tongue, with a patient if they do not understand it, we have to get an interpreter.
I am limited on what I can talk to vendors about because of Medicare/Medicaid anti-kickback statutes.
I am limited on what kind of language I use and jokes I tell because of sexual and racial harassment laws.
Will we repeal all of these with a court ruling against the SD law? These are all examples of "coerced speech".
I give you Amendment I, The United States Constitution
Amendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
What are your thoughts? Do they have a case? Will they find a judge liberal enough to insert it in there? Keep in mind, the courts took the above sentence and found separation of church and state.