The article discusses the legal implications of conscience in obstetricians and healthcare providers. It provides background on controversies related to abortion and conscience in obstetricians. It explains why a decertification by the American Board of Obstetricians and Gynecologists (ABOG) based on noncompliance with the College in Ethics Opinion No. 385 could constitute a regulatory taking. It analyzes whether or not ABOG satisfies the state action doctrine's public function rules.
Michael A. Fragoso,
Taking Conscience Seriously or Seriously Taking Conscience: Obstetricians, Specialty Boards, and the Takings Clause,
Notre Dame L. Rev.
Available at: http://scholarship.law.nd.edu/ndlr/vol86/iss4/6