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Judge requires statement that abortion ends life
Posted By -NO AUTHOR- On 08/21/2009 @ 2:41 pm In Front Page | Comments Disabled
A judge in South Dakota has concluded Planned Parenthood must tell potential abortion customers that the procedure will “terminate the life of a whole, separate, unique, living human being.”
U.S. District Judge Karen Schreier ruled this week in the case that was launched in 2005 when state lawmakers approved the new consent law and Planned Parenthood filed a lawsuit.
A temporary injunction obtained right away by the abortion business went all the way to the 8th U.S. Circuit Court of Appeals before the justices concluded the state can require the delivery of accurate information and the injunction was lifted.
Planned Parenthood, however, failed to comply with the ruling from 2008, prompting the state Department of Health to threaten two weeks ago that its license to operate as a business could be suspended.
The ruling from Schreier resolved some of those questions, affirming the key part of the law, according to pro-life activists, even though she said doctors don’t have to tell women about the increased risk of suicide linked to abortion
Assistant South Dakota Attorney General John Guhin told AP “the most important part of the statute has been upheld.”
And Leslee Unruh of the Alpha Center counseling center that participated in the court case said an appeal will be pursued to restore the other sections of language rejected by Schreier.
Schreier, whose earlier rulings in the case have been overturned, didn’t please Planned Parenthood with her decision either.
Planned Parenthood spokesman Sarah Stoesz immediately announced the group’s abortionists “are also free to give the patient scientific information and to distance themselves from what it is that they’re being required to say,” according to AP.
The ruling apparently settled some of the issues raised by the state Department of Health over the status of Planned Parenthood’s license, but it was unclear if the business was fully in compliance with the state’s newly approved requirements, reports said.
At that point, the Alpha center and other interveners in the lawsuit protested that even a full year after the appellate court decision, Planned Parenthood still was not in compliance.
“Planned Parenthood lost, our side won and yet Planned Parenthood defies the decision of the en banc panel of the U.S. Court of Appeals,” said the letter, obtained at the time by WND from a source with links to the case.
The Cassidy Law Firm that represented the interveners said it could not comment or provide information on the situation.
The South Dakota law is far more strict that other regulatory provisions. It allows a woman who alleges she was not provided with the proper informed consent to sue for damages. It allows a prosecutor to pursue criminal charges against a physician who fails to provide the proper informed consent, and it allows the state to investigate and act against the license of any facility where the requirements for such informed consent are not met.
The 8th Circuit ruling found the U.S. Supreme Court allows a state to “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.”
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