Freiman v. Ashcroft’s Empirical Analysis
584 F.2d 247 · 1978
Citation profile
10 federal appellate · 1 district ·
How this case has been cited
Cited by 17 later decisions — most recently September 1990
10 federal appellate · 1 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Roe v. Wade · Singleton v. Wulff · Planned Parenthood of Central Missouri v. Danforth · Doe v. Rampton · Wynn v. Scott
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]e are inclined to accept, as the meaning [of “informed” consent], the giving of information to the patient as to just what would be done and as to its consequences. To ascribe more meaning than this might well confine the attending physician in an undesired and uncomfortable straitjacket in the practice of his profession.”
2 later decisions quote this exact passage · from the concurrence“The legitimate state interest at stake here is protecting the mother by requiring an informed consent to the abortion decision. The Court in Danforth held that Mo.Ann.Stat. § 188.020(2) (Vernon 1978), Missouri’s informed consent provision, was not “in itself an unconstitutional requirement. The decision to abort, indeed, is an important, and often stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences.” Planned Parenthood v. Danforth, supra, 428 U.S. at 67, 96 S.Ct. at 2840 . But the Supreme Court did not hold that a state may require physicians to provide to each patient any and all information required by the state, regardless of its legality, truth, constitutionality or medical advisability. “[W]e are content to accept, as the meaning [of informed consent], the giving of information to the patient as to just what would be done and as to its consequences. To ascribe more meaning than this might well confine the attending physician in an undesired and uncomfortable straitjacket in the practice of his profession.” Planned Parenthood v. Danforth, supra, 428 U.S. at 67 n.8, 96 S.Ct. at 2840. Freiman v. Ashcroft, 584 F.2d 247, 251 (8th Cir. 1978) (emphasis added), aff’d, 440 U.S. 941 , 99 S.Ct. 1416 , 59 L.Ed.2d 630 (1979).”
1 later decision quote this exact passage · from the concurrence“requirement. It is a violation of the due process clause because of the invasion into the delicate and private physician-patient relationship. Requiring the physician to relate section 188.040 interferes with the woman's right to consult with her physician concerning her decision of abortion without undue restriction by the state. 31 584 F.2d at 251-52. 32 The plaintiffs argue and we agree that certain of the”
1 later decision quote this exact passage · from the concurrencee.g. Charles v. Carey
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.