Sioux Falls, S.D., Jun 28, 2008 / 18:24 pm
The U.S. Eight Circuit Court of Appeals ruled on Friday against a temporary injunction filed to block the implementation of an informed consent law requiring abortion providers to inform women patients, in writing, that an abortion procedure “will terminate the life of a whole, separate, unique, living human being.”
The court’s opinion, “Planned Parenthood et al v. Rounds et al, Alpha Center et al, Intervenors,” considered South Dakota’s 2005 Informed Consent Law and ruled that the law may be enforced while its constitutionality is litigated in court.
Planned Parenthood Minnesota, North Dakota and South Dakota and its medical director Carole E. Ball, M.D. had sued to prevent the act from taking effect, arguing that the laws’ requirements are unconstitutionally vague, unduly burdensome for physicians and in violation of physicians’ free speech rights. In addition, Planned Parenthood argued certain requirements were excessive burdens upon patients’ right to an abortion and right to free speech.
The appeal court’s opinion in great part centered upon the question of whether the statement “abortion will terminate the life of a whole, separate, unique, living human being” is truthful, non-misleading, and relevant to a woman’s decision to undergo an abortion.