When Lying To Women Is Mandated Care: Informed Consent, Abortion, and the Role Played by Justice Kennedy

12:26 pm in Uncategorized by RH Reality Check

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Written by Jessica Mason Pieklo for RH Reality Check. This diary is cross-posted; commenters wishing to engage directly with the author should do so at the original post.

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The federal judiciary is in the process of rendering the idea of “informed consent” in the context of abortion all but nonsensical and there may be nothing we can do about it.

On Tuesday the Eighth Circuit Court of Appeals upheld the constitutionality of a South Dakota law that requires doctors to inform women seeking abortions that they face an increased risk of suicide should they go forward with the procedure. The reason the suicide-link mandate, a provision tied up in litigation since 2005, was deemed acceptable to the seven conservative justices and Reagan appointees, was because the statement was deemed “truthful.”

Of course the “truth” of suicide-abortion link is hardly truth at all. The analysis of data on which the judges was at least partly based is considered so flawed the journal that published the findings originally is considering retracting the article together. In trial and appeal Planned Parenthood and the challengers submitted extensive data to rebut the claim that abortion is linked to suicide in their challenge of the law.

So how was the Eight Circuit able to support such a finding? Thank Supreme Court Justice Anthony Kennedy.

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