July 9, 2013 | CUNY School of Law
A new abortion law in Kansas which took effect on July 1 is being challenged by Planned Parenthood of Kansas and Mid-Missouri on the grounds that it violates the freedom of speech of abortion providers. Planned Parenthood claims the new abortion law compels abortion providers to endorse information they disagree with and to make misleading statements.
A similar law in South Dakota was challenged by Planned Parenthood, but the law was upheld by the federal Eighth District Court in 2012. “It [kind of says] there really doesn’t need to be a scientific basis,” said Distinguished Professor Ruthann Robson. “Or that maybe ‘risk’ is a term of art.” Prof. Robson said cases like this are happening more often. “It’s definitely been happening a lot more,” explains Robson, “As states are more and more telling doctors what they have to say or organizations what they have to say.”
Prof. Robson is an expert on constitutional law and sexuality issues and is the co-editor of the Constitutional Law Professors Blog. Prof. Robson’s upcoming book, Dressing Constitutionally, will be available August 15, 2013.