S.D. Attorney General Appeals Judge's Ruling on Abortion Law

September 22, 2009 — South Dakota Attorney General Marty Jackley (R) is appealing a U.S. District Court ruling that struck down some provisions of a state informed consent law requiring physicians to make specific disclosures to women before abortion procedures, the Sioux Falls Argus Leader reports (Sioux Falls Argus Leader, 9/17). Planned Parenthood Minnesota, North Dakota, South Dakota sued the state to prevent the law from taking effect (Women's Daily Health Policy Report, 8/21).

In August, U.S. District Judge Karen Schreier upheld a provision of the law that requires doctors to inform women seeking abortion that the procedure "will terminate the life of a whole, separate unique living human being." Schreier struck down a provision requiring doctors to inform patients that abortion increases the risk of suicide and suicidal thoughts. Schreier said that suicide is not a known risk of abortion. She also struck down a provision that requires women be told that they have a legally protected relationship with the fetus. According to a news release, Jackley wants the rejected provisions to be heard on appeal by a full court of appeals, rather than a three-judge panel (Sioux Falls Argus Leader, 9/17).