"Ensuring So Grave a Choice is Well Informed": The Use of Abortion Informed Consent Laws to Promote State Interests in Unborn Life‪.‬

INTRODUCTION With its 2007 decision in Gonzales v. Carhart, (1) the Supreme Court essentially invited states to regulate abortion through informed consent statutes. (2) Noting the power that informed consent statutes have to persuade a woman to choose childbirth over abortion, Justice Kennedy, writing for the Court, stated that "[t]he government may use its voice and its regulatory authority to show its profound respect for the life within the woman." (3) Kennedy addressed the importance of informed consent laws directly, stating that "some doctors may prefer not to disclose precise details of the means that will be used," particularly in abortion procedures. (4) "[The] lack of information concerning the way in which the fetus will be killed ... is of legitimate concern to the State. The State has an interest in ensuring so grave a choice is well informed." (5) Kennedy encouraged states to craft informed consent laws as a way to regulate abortion procedures and bear witness to their respect for the life of the fetus.