AFAIK, the only contention by Roy Black is the violation of the Florida statute governing medical record privacy. Now, perhaps the ACLU raised the issue in their filing, but I don't think the Rush team has.
It would seem to me that Rush would have the easiest path by citing the 14th but that would place him in a compromising position on the abortion issue.
I would hope Rush would do the time as opposed to supporting abortion.
The killing of millions of babies is much larger than Rush.