We are the only state in the nation that has won in the Federal Courts attacking unrestrained abortion. We have the toughest laws on abortion in the nation, and we are the only state that has a case pending today, in the 8th Circuit U.S. Federal Court of Appeals with an En Banc review.

This lawsuit, a constitutional attack by Planned Parenthood against South Dakota’s Informed Consent Law, was the subject of an en banc review in 2008.  That means the U.S. Court of Appeals for the 8th Circuit thought that the case was so important that instead of letting a three judge panel decide the case, the entire Circuit Court of all eleven judges heard the case, resulting in the en banc Court ruling that South Dakota’s statutory requirement that an abortion doctor tell a woman that “an abortion terminates the life of a whole, separate, unique, living human being” was constitutional because it is true.

En banc reviews are extremely rare.  A Circuit Court of U.S. Court of Appeals grants en banc reviews in only six to eight cases a year, and it is reserved only for the most important cases.  However, in the South Dakota case, the U.S. Court of Appeals has just granted a second en banc review on the last issue not resolved in our favor. This is an extremely rare occasion. The last time the U.S. Court of Appeals for the 8th Circuit granted en banc review twice in the same case was almost 18 years ago.  That means that the U.S. Court of Appeals is treating the South Dakota Abortions Law among the most important they have reviewed.

We have won 7 of the 8 issues contested by Planned Parenthood. We are likely to win the 8th and last issue regarding the fact abortion places a woman at increased risk for suicide and suicide ideation.

Had South Dakota not fought all these prior battles we would not be in the position we are in today, constantly coming back and fine tuning our strategy. 

Victories:

1. We have won in the 8th Circuit a ruling requiring Planned Parenthood to inform every woman seeking an abortion that they are terminating the life of a SEPARATE, UNIQUE, WHOLE, LIVING HUMAN BEING.  
2. We have won a decision stating that EVERY WOMAN HAS A RIGHT TO A RELATIONSHIP WITH HER UNBORN CHILD.
3. The legislation also requires Planned Parenthood to inform every woman about the HIGH RISK OF SUICIDE AND SUICIDE IDEATION after an abortion.   

Bottom Line: We have the truth on our side: ONE MAN WITH TRUTH IS AN ARMY.