Justice Breyer’s special ‘sauce’ in the California abortion case

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During oral argument in NIFLA v. Becerra last Tuesday, a majority of the Supreme Court seemed poised to rule that California overstepped by trying to force pro-life pregnancy centers to direct their clients to the state’s abortion programs. However, Justice Breyer, seeking to save the California law from First Amendment attack, equated informed consent for a surgical abortion to a volunteer offering assistance to a pregnant woman in difficult circumstances.

Justice Breyer’s courtroom commentary was as follows:

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