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8th Circuit: S.D. can enforce women’s “right to know” abortion law

Federal appeals court lifts injunction against law requiring abortionists to fully inform women; ADF attorneys filed amicus brief
Friday, June 27, 2008, 10:35 AM (MST) |
ADF Media Relations | 480-444-0020



ST. LOUIS — The U.S. Court of Appeals for the 8th Circuit ruled 7–4 Friday to lift an injunction against a South Dakota informed consent abortion law.  The law requires abortionists to inform women about the nature of abortion and the risks involved before they elect to terminate their pre-born child’s life.  Alliance Defense Fund attorneys authored and filed a friend-of-the-court brief defending the law on behalf of the Family Research Council.

“A woman’s life is worth more than Planned Parenthood’s bottom line,” said ADF Senior Counsel Jordan Lorence.  “Anyone truly concerned about the interests of women supports making sure they have access to all the information necessary to make a fully informed decision.  Planned Parenthood, on the other hand, has argued adamantly to restrict the information women have about the lives of their pre-born babies.  We’re pleased the court’s decision today will make sure women have access to the information they need and deserve.”

In the opinion issued Friday, the full 8th Circuit concluded that recent U.S. Supreme Court decisions affirm that a state “can use its regulatory authority to require a physician to provide truthful, non-misleading information relevant to a patient’s decision to have an abortion, even if that information might also encourage the patient to choose childbirth over abortion.”

ADF ally Harold Cassidy represented a group of crisis pregnancy centers who successfully intervened in the lawsuit to represent the real interest of women.  Later, ADF attorneys filed a friend-of-the-court brief on behalf of FRC when a federal district court and a three-judge panel of the 8th Circuit prohibited enforcement of the 2005 law (www.telladf.org/news/story.aspx?cid=4055).  The new opinion reverses that decision and sends the case back to district court for further proceedings.

The full text of Friday’s opinion in Planned Parenthood v. Rounds is available at www.telladf.org/UserDocs/RoundsOpinion.pdf.

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith.  Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.

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