State Granted Petition for Rehearing en banc in Planned Parenthood v. Rounds
PIERRE, S.D. - Attorney General Larry Long said today that the Eighth Circuit Court of Appeals granted the state’s petition for rehearing en banc in the case of Planned Parenthood v. Rounds.
The order vacates the earlier decision rendered on October 30, 2006, by a three judge panel of the Eighth Circuit. In that split decision, two judges had affirmed the District Court's grant of the preliminary injunction enjoining the amendments made in 2005 to South Dakota's statutes imposing informed consent for abortions, while one judge voted to vacate the district court's judgment and dissolve the preliminary injunction. The Eighth Circuit's decision today, along with vacating the prior decision, allows the case to be reargued before the entire Eighth Circuit panel, with a new decision to follow.
"Such petitions for rehearing en banc are rarely granted," said Long. "We are very pleased with the Court's decision to rehear the case."
Arguments for this case are scheduled for April 11, 2007, in St. Louis. If you need any additional information contact Sara Rabern at 605-773-3215.