The detriment that the State would impose upon the pregnant woman by denying this choice altogether is apparent. Specific and direct harm medically diagnosable even in early pregnancy may be involved. Maternity, or additional offspring, may force upon the woman a distressful life and future. All these are factors the woman and her responsible physician necessarily will consider in consultation. Further, the Court is convinced that a delay will unnecessarily increase the health risks imposed on Plaintiff.
Time is likely to be of the essence in an abortion decision.
Plaintiff is near the end of her first trimester of pregnancy. Defendant's refusal to deny her access to abortion services absent Court order has already delayed the abortion procedure two weeks. Subsequent to the issuance of this Court Order, the Plaintiff's procedure will be further delayed by necessary complications such as scheduling an appointment with a physician and arranging for transportation by the prison. The Court believes that further delay may significantly increase the harm faced by Plaintiff due to her pregnancy and her choice to have an abortion. Defendant faces only a minimal burden in providing Plaintiff access to abortion services.