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Federal Court Lifts Injunction on South Dakota Anti-Abortion Law

The Eighth Circuit Court of Appeals removed an injunction on Friday against a South Dakota law requiring doctors to inform patients seeking an abortion that the procedure would “terminate the life of a whole, separate, unique, living human being.” According to the Planned Parenthood press release, Planned Parenthood Federation of America and the Planned Parenthood Federations of South Dakota, North Dakota and Minnesota, sued the state when the South Dakota legislature passed the law in 2005. They argue that this law is unconstitutional. A federal District Court granted an injunction that prevented the law from being implemented until the case was decided. However, the law will now be enforced because the injunction was removed on Friday. The case will be sent back to the US District Court, according to the Women’s Daily Health Report. The majority opinion claimed that Planned Parenthood failed to demonstrate that the required statement is “ideological, untruthful, misleading or irrelevant to the woman’s decision.” Cecil Rhodes, President of Planned Parenthood Federation of America, said “We believe women should always be able to get accurate, unbiased information about their health care.” A 2007 press release on the same case explained that “Just as the government has no power to advocate a certain religion, states’ powers do not extend to promoting certain lines of moral thought.”

Sources:

Planned Parenthood 6/27/2008, Planned Parenthood 10/2/2007, Daily Women's Health Policy Report 6/30/2008, Eighth Circuit Court of Appeals 6/27/2008

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