The doctor is challenging the constitutionality of the statute on two grounds: (a) the statute intrudes on his

right to privacy and (b) that the statute violates the Equal Protection Clause of the Fourteenth Amendment in that it fails to apply the same prohibition to other health care professionals.

Do you think the doctor is likely to prevail in his challenge to the statute? If you were a judge faced with these constitutional questions, how would you be inclined to rule? What additional information do you think you would need in order to render your decision?

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