September 17, 2009
State of SD will appeal ruling on Informed Consent statute
South Dakota's new Attorney General Marty Jackley announced this afternoon that the State of South Dakota IS appealing the two disclosures of South Dakota's Informed Consent statute that Judge Karen Schreier struck down last month.
In a release, Jackley says the appeal involves the portion of the court's decision about disclosures pertaining to the relationship between the pregnant woman and her unborn child and a disclosure regarding suicide risk. Jackley says the state will ask that the case be heard by the entire 8th U.S. Circuit Court of Appeals rather than a three-judge panel.
Not a good thing for Judge Schreier - she set herself up here for an easy third smack down on this law by the US Court of Appeals. But, it's a good thing for the women in the State of South Dakota. One of the intervenors in this case, the Alpha Center in Sioux Falls, makes this point;
This case continues to demonstrate the conflict between the interests and ideology of Planned Parenthood and the rights of pregnant mothers, who Planned Parenthood claims do not possess certain rights. Planned Parenthood has placed their own interests and ideology above the interests of South Dakota women.
And it can't be understated the enormity of the victory that Planned Parenthood must now tell South Dakota women that an unborn baby is a living human being.
No word yet on whether or not the State of South Dakota will be enforcing this law that Planned Parenthood has been breaking since August, 2008. However, the Governor assures me the law will be enforced. It is unclear if that means Planned Parenthood will be given a free pass for violations to date or if that means it'll be retroactive.

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