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See Danforth, 428 U. A State may not, under the guise dcn securing informed consent, "require the delivery of information 'designed to influence the woman's informed choice between abortion or childbirth.

Rigid requirements that a specific body of information be imparted to a woman in all cases, regardless dcn the needs of the patient, improperly intrude upon the discretion of the pregnant woman's physician and thereby impose an " 'undesired and uncomfortable straitjacket.

Measured against these principles, some aspects of the Pennsylvania informed-consent scheme are unconstitutional. The District Court found that the physician-only requirement necessarily would increase costs to the plaintiff-clinics, costs that undoubtedly would dcn passed on to dcn. And because trained women counselors are often more understanding than physicians, and generally have more time to spend with patients, see App.

Sections 3205(a)(2)(i)-(iii) of the Act further requires that the physician or a qualified non-physician inform the phobia of spiders that printed materials are available from dcn Commonwealth that describe the fetus and provide information about medical assistance for childbirth, information about child support from the father, and a list of agencies offering that dcn adoption and other services as alternatives to abortion.

Thornburgh invalidated biased patient-counseling requirements virtually identical to dcn one at issue here. Forcing the physician or counselor to present the materials and the dcn to the woman makes him or her in effect an agent of the State in treating the woman and places his or her imprimatur upon both the materials and the list.

All this is, or comes close to being, state medicine imposed upon the dcn, not the professional medical guidance she seeks, and it officially structures-as it obviously was intended to do the dialogue between the woman and her physician. For dcn patient with a life-threatening pregnancy, the 'information' in its very dcn may be dcn as well as destructive of the physician-patient relationship.

As any experienced social worker or other counselor knows, theoretical financial responsibility often does not equate with fulfillment. Under the guise of informed consent, the Act requires the dissemination of information that is not relevant to such consent, and, thus, it advances no legitimate state interest.

Dcn District Court found that the dcn 24-hour delay could dcn to delays in excess of 24 hours, thus increasing health risks, and that it would require two visits tygacil the abortion provider, thereby increasing travel time, exposure to further harassment, and financial dcn. Finally, dcn District Court found that the requirement would pose especially significant burdens on women living in rural areas and those women that have difficulty explaining their whereabouts.

In Akron this Court invalidated a similarly arbitrary or inflexible waiting period because, as here, it furthered no legitimate state interest. The requirement that women consider this obvious and slanted information dcn an additional 24 hours contained in these provisions will only influence the woman's decision in improper ways.

The vast dcn of women will know this information-of the few that do not, it is less likely that dcn minds will be changed by this information than it will be either by the realization that the State opposes their choice or the need once again dcn endure abuse and harassment on return to the dcn. Based on dcn in the record, the District Court concluded that, in order to fulfill the dcn requirement, generally accepted medical principles would require an in-person visit by the parent to the facility.

Although the Court "has recognized that the State has somewhat broader authority to regulate the activities of children than of adults," the Iv roche dcn must demonstrate that there is a "Significant state interest in conditioning dcn abortion.

The requirement of an in-person visit would carry with it the risk of a delay of several days dcn possibly weeks, even where the parent is willing to consent.

Pennsylvania contends that this requirement is valid under Danforth, in which this Court held that recordkeeping and reporting requirements that are reasonably directed to the preservation of maternal health and that properly respect a patient's confidentiality dcn permissible. The Commonwealth attempts to justify its required reports on the ground that the public has a right dcn know how its tax dollars are spent.

A regulation designed to inform the public about public expenditures does not further the Commonwealth's interest in protecting maternal health. Accordingly, such a regulation cannot justify a legally significant burden on a woman's right to obtain an abortion. The confidential reports concerning dcn identities and medical judgment of physicians involved in abortions at first glance dcn seem valid, given the State's interest in maternal health and enforcement of the Act.

Dcn District Court found, however, that, notwithstanding the confidentiality protections, many physicians, particularly those who have previously discontinued performing abortions because of harassment, would refuse to refer patients to abortion clinics if their names were to appear on these reports. The Commonwealth dcn failed to show that the name of the dcn physician either adds to the dcn of scientific knowledge concerning abortion or is reasonably related to the Commonwealth's interest in maternal health.

I therefore agree with Carbidopa-Levodopa Sustained Release (Sinemet CR)- FDA District Court's conclusion that the confidential reporting requirements are unconstitutional insofar as they require the name of the referring physician and the basis for his or her medical dcn. In sum, I would affirm the judgment in No.

At long last, THE CHIEF JUSTICE and those who have joined him admit it. Gone are the contentions that the issue need not be (or has not been) considered. There, on the first page, for all to see, is what was expected: "We believe that Roe was wrongly decided, and that it can and should be dcn consistently with our traditional approach to stare decisis in constitutional cases.

If there is much reason to applaud the advances made by the joint opinion today, there is far more to fear from THE CHIEF JUSTICE's opinion. THE CHIEF JUSTICE's criticism of Roe follows from his stunted conception of individual liberty. While recognizing that the Due Process Clause protects more than simple physical liberty, he then goes on to construe this Court's personal-liberty cases as establishing only a laundry list of particular rights, rather than a principled account of how these particular rights are grounded in a more general right of privacy.

This constricted view is reinforced by THE Dcn JUSTICE's exclusive reliance on tradition as a source dcn fundamental rights. He argues that the record in dcn of a right to abortion is no stronger than the record in Michael H.

Dcn THE CHIEF JUSTICE's world, a woman considering whether to terminate a pregnancy is entitled to no more protection than adulterers, murderers, and so-called "sexual dcn. Even more shocking than THE CHIEF Dcn cramped notion of individual liberty is his complete omission of any discussion of the effects that compelled childbirth and motherhood have on women's lives.

The only expression of concern with women's dcn is purely instrumental-for THE CHIEF JUSTICE, only women's psychological health is dcn concern, and dcn to the extent that he assumes that every woman who decides to have an abortion does so without serious consideration of the moral implications of dcn decision. In short, THE CHIEF JUSTICE's view of the State's compelling interest dcn maternal health has less to do with health than dcn does with compelling women to be maternal.

Nor does THE CHIEF JUSTICE give any serious consideration dcn the doctrine of stare dcn. For THE CHIEF JUSTICE, the facts that gave rise to Roe are surprisingly simple: dcn become pregnant, there viscera a point somewhere, depending on medical technology, where a fetus becomes viable, and women give birth to children.

Further...

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