This is a signal victory for civil liberties against a state government that is intolerant of dissent and has sought multiple avenues to prevent women from being offered any choice besides the state’s favored choice — abortion. New York is entirely on board with the “Don’t Say Baby” campaign. It seems unlikely that Kathy Hochul will try to appeal this ruling to the Supreme Court.
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The case does not end here. The court noted that it typically prefers to let a full discovery record decide the ultimate question of the burden on freedom of association. However, strict scrutiny and the court’s reasoning suggest New York has a high hurdle to clear.
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