8th Circuit Court of Appeals Returns Decision in Planned Parenthood v. Rounds
PIERRE, S.D - The En Banc Eighth Circuit Court of Appeals has vindicated a 2005 state statute requiring that doctors assure that prospective abortion clients are given adequate scientific and biological information before an abortion is performed, Attorney General Larry Long said today. The opinion strikes down a 2005 preliminary injunction issued by United States District Court for South Dakota. Six judges joined in the main opinion written by Judge Gruender and one judge agreed with its result; four judges dissented.
Long said that the Court of Appeals upheld a state statute which requires a physician to inform a prospective abortion client that her unborn child is a “whole, separate unique living human being.” The appellate court found that the plaintiffs submitted no evidence to dispute the scientific accuracy of the definition of “human being” in the challenged statute. The statute defines the term “human being” as a member of the species homo sapiens during the entire embryonic and fetal ages.
The Court of appeals, according to Long, concluded that that information was “truthful, non-misleading, and relevant to the patient’s decision to have an abortion”.
The decision at issue reversed a preliminary injunction issued by the District Court, said Long, and the District Court may now proceed to final judgment in the case.
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