U.S. Eighth Circuit Court of Appeals rules in favor of South Dakota pro-life law
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September 12, 2011
South Dakota: The Eighth Circuit Court of Appeals has upheld a law designed to force abortionists to inform a woman that she has “an existing relationship” with her fetus and will be in effect “terminat[ing] the life of a whole, separate, unique, living human being” before performing an abortion. The only dissent came from Judge Raymond Gruender who argued that the risk of suicide portion of the ruling that was overruled in a 2005 appeal that was based on evidence provided by Planned Parenthood should also have been included in the final ruling on the bill. [1]
Judge Karen Schreier has previously been the largest road block on the road to enacting this bill. She blocked its enforcement, a ruling that was ultimately overturned in 2008 by the Eighth circuit court. Elizabeth Nash of the pro-choice organization Guttmacher Institute said that the measure "really isn’t about health and safety. It’s really about forcibly trying to dissuade a woman from getting an abortion any way the state can."[1]
Pro-life activists have hailed this as a monumental decision, and as a step in the right direction. Steven H. Aden of the Alliance Defense Fund said that it was “incredible for the lower court to have determined that the law cannot acknowledge that a ‘pregnant woman has an existing relationship with that unborn human being’ because some human beings are somehow not ‘persons.’ The 8th Circuit rightly determined that it’s perfectly constitutional to inform women of an undisputed biological fact.”[1]
Other states including North Dakota, Missouri, Kansas, and Indiana have created similar laws that are expected to be voted on later this year.[1]
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