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Eighth Circuit Court Reverses Abortion Decision

EIGHTH CIRCUIT COURT REVERSES ABORTION DECISION 

PIERRE, S.D. – The Eighth Circuit Court of Appeals today reversed a decision setting aside part of South Dakota’s Abortion law regarding the availability of a blood supply at clinics performing second trimester abortions. The Court of Appeals found that the District Court had committed procedural error in deciding the case in favor of Planned Parenthood and against the state. The Court of Appeals held that the District Court had also erred in finding part of the law unconstitutionally vague. Attorney General Larry Long, who has frequently declared his opposition to abortion, stated that he was happy with the decision of the Court of Appeals. According to Long, the court had struck down the 1973 statute which required that a clinic performing a second trimester abortion have a supply of blood immediately available. Long said that today’s procedural decision by the Court of Appeals will enable the District Court to get to the merits of that question. “I am confident that the Legislature had the right in 1973 to declare that a second trimester abortion should be performed only in a clinic with a supply of blood immediately available,” said Long. “I am also confident that when the issue is fully and directly presented to the courts, we will prevail on it.” 

If you have any additional questions please contact the Attorney General’s Office at 605-773-3215. 

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