Recently, the Eight Circuit court of appeals ruled that a South Dakota law requiring doctors to tell women seeking an abortion that “the abortion will terminate the life of a whole, separate, unique, living human being” should be sent back to federal District Court to decide constitutionality. In the meantime, the state may begin enforcement of the law. According to
that Planned Parenthood, which operates South Dakota’s only abortion clinic in Sioux Falls, has not provided enough evidence that it is likely to prevail.
“The bottom line is if the state Legislature orders a professional to tell the truth, that’s not a violation of the First Amendment,” said South Dakota Attorney General Larry Long, who is defending the law in court.
Mimi Liu, a lawyer for the Planned Parenthood Federation of America, said such rulings generally take about three weeks to take effect. Long said it could take less time.
Predictably, reaction was mixed to the ruling
Harold Cassidy, a lawyer representing two pregnancy counseling centers that support the abortion law, hailed the ruling.
“We think it’s a big victory for the woman obviously to be given accurate information in order to make a decision not only for the child, but also for herself,” Cassidy said.
Sarah Stoesz, president of Planned Parenthood in Minnesota, North Dakota and South Dakota, said the law would force doctors to read ideological language to women seeking abortions.
“They are imposing compelled speech on doctors. It is not about providing information to women. It is about intruding in the doctor-patient relationship. It is unprecedented and extremely outrageous,” Stoesz said.
According to the AP story, the law also requires women to be told the potential mental health risks of abortion. I have addressed that
Two points are at issue: prescribing professional speech and the accuracy of the prescribed speech. Professional disclosure is sometimes prescribed by law. For instance, many states require licensed psychotherapists to provide a disclosure statement to clients regarding services and means of handling complaints. The South Dakota statement is very specific and no doubt is intended to discourage abortions. The second issue is the accuracy of the information. Pro-life advocates are united that abortion ends a life, hence their opposition to abortion. But what do pro-choice doctors believe? Do they really believe performing an abortion results in the termination of a life? To get this perspective, I consulted noted abortion doctor and friend of Hillary Clinton, Dr. William Harrison. I referred to Dr. Harrison via Dr. Paul Kengor’s book on the faith of Hillary Clinton