Thread: Uh-Oh, Don't Give Patients The Whole Story, Just Kill Their Babies for Them

Court overturns injunction on S.D. abortion law

A federal appeals court ruled that South Dakota can begin enforcing a law requiring doctors to tell women seeking abortions that the procedure ends a human life.

The 7-4 decision by the 8th U.S. Circuit Court of Appeals in St. Louis sends the case back to U.S. District Judge Karen Schreier of Rapid City for proceedings that will result in a decision on whether the law passed by the 2005 South Dakota Legislature is constitutional.

Schreier had temporarily prevented the law from taking effect while she decides the case. She had ruled that opponents had a fair chance of succeeding in their claim that the law violates doctors' free-speech rights by forcing them to tell women things the doctors might not believe.

A three-judge panel of the 8th Circuit had agreed with Schreier, but the full court threw out her order. It said Friday that Planned Parenthood, which operates South Dakota's only abortion clinic in Sioux Falls, has not provided enough evidence that it is likely to prevail.

"The bottom line is if the state Legislature orders a professional to tell the truth, that's not a violation of the First Amendment," said South Dakota Attorney General Larry Long, who is defending the law in court.

Mimi Liu, a lawyer for the Planned Parenthood Federation of America, said such rulings generally take about three weeks to take effect. Long said it could take less time.

The 2005 law would make doctors tell women "that the abortion will terminate the life of a whole, separate, unique, living human being."
Women also would have to be told they have a right to continue a pregnancy and that abortion may cause women psychological harm, including thoughts of suicide.

Planned Parenthood has failed to show that the information to be given to women seeking abortions is untruthful, misleading or irrelevant to the woman's decision, the appeals court majority said. Taking into account definitions in the law, the information required to be given is biological in nature, so Planned Parenthood has not shown the information is ideological, the decision said.

Harold Cassidy, a lawyer representing two pregnancy counseling centers that support the abortion law, hailed the ruling.

"We think it's a big victory for the woman obviously to be given accurate information in order to make a decision not only for the child, but also for herself," Cassidy said.

Sarah Stoesz, president of Planned Parenthood in Minnesota, North Dakota and South Dakota, said the law would force doctors to read ideological language to women seeking abortions.

"They are imposing compelled speech on doctors. It is not about providing information to women. It is about intruding in the doctor-patient relationship. It is unprecedented and extremely outrageous," Stoesz said.
Planned Parenthood's lawsuit contends the law not violates doctors' free-speech rights, but also is an undue burden on a woman's right to an abortion.

South Dakota voters in 2006 rejected a ballot measure to ban nearly all abortions. A measure on this year's ballot also would ban abortions but would allow exceptions in cases involving rape, incest and a threat to a woman's life and health.

Gee, all the pro-baby-killers have to do is prove that something doesn't become human until X-number of days after conception or birth, or maybe even death. (One can't tell what the hell goes through the excuse for a mind the pro-baby-killing crowd uses.)

If they can't prove it's not human, how do they justify allowing it to be killed, outside of the huge profits they make, I mean?

The doctors really shouldn't be the ones to tell women that an abortion is killing a life, that is just common knowedge. That is like a doctor telling a women the definition of words like "inject" to make sure that they know that they will get a shot.

If people want laws to limit abortions, they can try to get them if they want, but this is ridiculous.

However, the women should be told of the statistic risks of an abortion, such as suicide, which I haven't even heard any real evidence of. How about comparing the risk of someone having a baby they don't want, and how that would increase their chances of suicide?

Originally Posted by Nerv14

The doctors really shouldn't be the ones to tell women that an abortion is killing a life, that is just common knowedge. That is like a doctor telling a women the definition of words like "inject" to make sure that they know that they will get a shot.

If people want laws to limit abortions, they can try to get them if they want, but this is ridiculous....

It comes as no surprise that people who believe women cannot be trusted with their own medical decisions are stupid enough to request an abortion without knowing what one is.

Originally Posted by Djinn

It comes as no surprise that people who believe women cannot be trusted with their own medical decisions are stupid enough to request an abortion without knowing what one is.

I bet your happy that you lived, unfortunately over 50,000,000 children will never have that right.

Originally Posted by michaelr

I bet your happy that you lived, unfortunately over 50,000,000 children will never have that right.

1/6 of the population gets aborted?

Originally Posted by michaelr

I bet your happy that you lived, unfortunately over 50,000,000 children will never have that right.

If I was one of those 50,000,000 children, you can bet your ass I wouldn't be complaining.

Originally Posted by Vitiate

1/6 of the population gets aborted?

I think he's talking cumulative since 1973, including cases of rape, incest, medical emergencies, etc. Even then, I think the figure is a little high.

Lets face facts you all are for free speech all the way up until you disagree with someone else view. Many doctors (and most rational people) see a difference between a egg and human the same way they do with an egg and a chicken. Forcing folks to say what you beleive is just the sort of jack booted thuggery I expect from the whiny right.

Originally Posted by michaelr

I bet your happy that you lived, unfortunately over 50,000,000 children will never have that right.

fortunately over 200,000,000 children did.

Originally Posted by Djinn

It comes as no surprise that people who believe women cannot be trusted with their own medical decisions are stupid enough to request an abortion without knowing what one is.

I say this with respect. Unless you've done medical work you or anyone else is very unlikely to know just how stupid a rather large minority of people can be regarding their own bodies.

If you knew he things that people do to themselves for fun, attention, boredom, revenge, and for no discernible reason, you might be afraid to be locked in an elevator with strangers.