Please assume the following set of facts. The state legislat…
Please assume the following set of facts. The state legislature has enacted a new statute on the subject of abortion. The statute has been signed by the governor and it is currently in effect. In this new abortion statute, the state legislature declared that it is the public policy of the state to discourage pregnant women from having abortions. The state statute permits a woman to have an abortion prior to the time of viability. However, the statute prohibits abortions after the fetus has become viable, except where the abortion is necessary to preserve the life or health of the mother. Moreover, the statute provides that no state funds may be used to pay for abortion, except where the abortion is necessary to preserve the life or health of the mother. The new state statute also directs state officials to conduct a media campaign in an effort to discourage pregnant women from having abortions. The statute appropriates funds from state tax revenues to pay for this media campaign. In accordance with the new statute, the state department of health used state tax revenues to put large signs on billboards throughout the state. Those signs include a large picture of a fetus together with the words, “Don’t kill your baby.” Planned Parenthood of Monroe (PPM) has filed a lawsuit in federal court to challenge the state statute. According to PPM, the state statute violates the U.S. Constitution in several ways. PPM did not assert any claims under the State Constitution. Therefore, the federal court will base its decision on the U.S. Constitution as interpreted by the U.S. Supreme Court. According to PPM, the state statute violates the U.S. Constitution because the state statute does not have an exception to allow abortions after the fetus has become viable in cases of rape or incest. In regard to that specific claim by PPM, what is the federal court likely to hold?
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