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Planned Parenthood v. Rounds

686 F.3d 889 (2012)

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Planned Parenthood v. Rounds

United States Court of Appeals for the Eighth Circuit

686 F.3d 889 (2012)

Facts

In 2005, during South Dakota Governor Mike Rounds’s (defendant) governorship, House Bill (HB) 1166 was passed. HB 1166 amended the disclosure statements required by a physician prior to obtaining informed consent for an abortion procedure. Among the amendments was a suicide-advisory requirement, under which the physician was mandated to inform the patient that an increased risk of suicide was a medical risk of abortion. Planned Parenthood (plaintiff) challenged the act on the ground that several provisions constituted an undue burden on a woman’s right to abort and violated the physician’s free-speech rights. The district court granted a preliminary injunction preventing the enforcement of the act, which the court of appeals vacated. The court of appeals then remanded the case back to the district court for further proceedings. The district court upheld some of the HB 1166 provisions and invalidated other provisions, including the suicide advisory. The matter was appealed, and the court of appeals affirmed the district court’s ruling on the suicide advisory. A rehearing on the suicide advisory was then granted.

Rule of Law

Issue

Holding and Reasoning (Gruender, J.)

Dissent (Murphy, J.)

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