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Attorney General Marty Jackley

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State Files Appeal in Planned Parenthood Case

State Files Appeal in Planned Parenthood Case 

PIERRE, S.D.-     Attorney General Marty Jackley announced today that the State has filed an appeal challenging a portion of a lower court ruling in the case in which Planned Parenthood is challenging the 2005 South Dakota legislation requiring informed consent to abortion.  

Jackley said that the State was appealing the portion of the court's decision addressing disclosures pertaining to the relationship between the pregnant woman and her unborn child, and a disclosure regarding suicide risk. Jackley also indicated that the State will request that the case be heard by the entire membership of the court of appeals, rather than the ordinary three-judge panel.  In a prior ruling, the full court of appeals validated another provision of the law, which requires that women contemplating abortion be advised that the abortion will terminate the life of a "human being."