On August 1, 2006, the ACLU-NJ and ACLU Reproductive Freedom Project had filed a friend-of-the-court brief opposing the plaintiff claims that her doctor failed to properly inform her at the time of her abortion that the embryo was a "complete, separate, unique and irreplaceable human being" with whom she had "an existing relationship," and that his failure to do so caused her emotional distress. On September 12, 2007, in a unanimous decision, the court held, "we know of no common law duty requiring a physician to instruct the woman that the embryo is an 'existing human being,' and suggesting that an abortion is tantamount to murder. There is not even remotely a consensus among New Jersey's medical community or citizenry that plaintiff's assertions are medical facts, as opposed to firmly held, moral, philosophical, and religious beliefs." The Court therefore dismissed the plaintiff's case.
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