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- In Akron I, 462 U. S. 416 (1983), we invalidated an ì
- ordinance which required that a woman seeking an abortion be ì
- provided by her physician with specific information designed to ì
- influence the woman's informed choice between abortion or ì
- childbirth. Id., at 444. As we later described the Akron I ì
- holding in Thornburgh v. American College of Obstetricians and ì
- Gynecologists, 476 U. S., at 762, there were two purported flaws ì
- in the Akron ordinance: the information was designed to dissuade ì
- the woman from having an abortion and the ordinance imposed a ì
- rigid requirement that a specific body of information be givenin ì
- all cases, irrespective of the particular needs of the ì
- patient . . . . Ibid. To the extent Akron I and Thornburgh find ì
- a constitutional violation when the government requires, as it ì
- does here, the giving of truthful, nonmisleading information ì
- about the nature of the procedure, the attendant health risks and ì
- those of childbirth, and the probable gestational age of the ì
- fetus, those cases go too far, are inconsistent with Roe's ì
- acknowledgment of an important interest in potential life, and ì
- are overruled. This is clear even on the very terms of Akron I ì
- and Thornburgh. Those decisions, along with Danforth, recognize ì
- a substantial government interest justifying a requirement that a ì
- woman be apprised of the health risks of abortion and childbirth. ì
- E.g., Danforth, supra, at 66-67. It cannot be questioned that ì
- psychological well-being is a facet of health. Nor can it be ì
- doubted that most women considering an abortion would deem the ì
- impact on the fetus relevant, if not dispositive, to the ì
- decision. In attempting to ensure that a woman apprehend the ì
- full consequences of her decision, the State furthers the ì
- legitimate purpose of reducing the risk that a woman may elect an ì
- abortion, only to discover later, with devastating psychological ì
- consequences, that her decision was not fully informed. If the ì
- information the State requires to be made available to the woman ì
- is truthful and not misleading, the requirement may be ì
- permissible.
-
- /* Ordinarily "the marketplace of ideas" would be allowed to ì
- determine what is truth. Here the Court presumes that the state ì
- will know to confine itself to the "truth" a reahter elusive ì
- standard and one which invites litigation. */
-
- We also see no reason why the State may not require ì
- doctors to inform a woman seeking an abortion of the availability ì
- of materials relating to the consequences to the fetus, even when ì
- those consequences have no direct relation to
- her health. An example illustrates the point. We would think it ì
- constitutional for the State to require that in order for there ì
- to be informed consent to a kidney transplant operation the ì
- recipient must be supplied with information about risks to the ì
- donor as well as risks to himself or herself. A requirement that ì
- the physician make available information similar to that mandated ì
- by the statute here was described in Thornburgh as an outright ì
- attempt to wedge the Commonwealth's message discouraging abortion ì
- into the privacy of the informed-consent dialogue between the ì
- woman and her physician. 476 U. S., at 762. We conclude, ì
- however, that informed choice need not be defined in such narrow