Today, the 8th Circuit Court of Appeals upheld a 2005 South Dakota law by a 7-4 vote after Planned Parenthood attempted to overturn it.
The law requires the state’s lone abortion clinic (which is operated by Planned Parenthood) to inform women about key abortion facts prior to obtaining an abortion.
Steven Ertelt reports:
As a result of the decision, upholding all eight major provisions of South Dakota’s Abortion Informed Consent Statute, pregnant mothers will now be informed:
(1) that “an abortion terminates the life of a whole, separate, unique, living human being;”
(2) that the mother’s “relationship with that second human being enjoys protection under the Constitution of the United States and the Laws of South Dakota;”
(3) that relationship and all rights attached to it will be terminated; and
(4) the abortion places the mother “at increased risk for suicide ideation and suicide.”
The Associated Press adds these details from the Court’s ruling:
“On its face, the suicide advisory presents neither an undue burden on abortion rights nor a violation of physicians’ free speech rights,” the court wrote.
The full circuit court agreed to rehear the case after a three-judge panel upheld U.S. District Judge Karen Schreier’s decision to overturn the requirement following a lawsuit brought by Planned Parenthood in September. The decision by the full 11-member court grants judgment to the state and vacates the permanent injunction against enforcing the provision.
Planned Parenthood has not been available for comment, and considering that this decision came out many hours ago, it is very surprising that they have not made any mention of their reaction yet.
My guess is that their silence means that this decision going against them came as a surprise, and they are now scrambling trying to figure out what to do next. Stay tuned for more updates!