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Abortion Clinic’s Brochure Needn’t Mention Cancer Risk, Judge Rules

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From a Times Staff Writer

A North Dakota judge on Thursday rejected a lawsuit aimed at forcing the state’s only abortion clinic to warn patients that terminating a pregnancy could lead to an increased risk of breast cancer.

District Judge Michael McGuire ruled in favor of the Red River Women’s Clinic after hearing three days of clashing testimony by medical experts. McGuire said the Fargo clinic had every right to distribute a brochure stating that there is no established link between abortion and breast cancer. The National Cancer Institute and American Cancer Society say evidence of such a link is inconclusive.

Antiabortion activists had hoped the judge would classify the clinic’s brochure as false advertising. They say patients should be told, at a minimum, that some studies do suggest an abortion-cancer link.

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But Linda Rosenthal, the lead attorney for the clinic, called those studies “pseudo-science,” and commended McGuire for rejecting what she called an unethical “scare tactic.”

The plaintiffs plan to appeal to the North Dakota Supreme Court. “Women have a right to know about this,” attorney John Kindley said.

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