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AG: Appeals Court Will Rehear Abortion Appeal

December 6, 2011, 10:27 AM

AG: Appeals Court Will Rehear Abortion Appeal
SIOUX FALLS, SD - The South Dakota Attorney General's office says a federal appeals court has agreed to rehear a case dealing with a 2005 South Dakota abortion law.

The 8th U.S. Circuit Court of Appeals in September agreed with U.S. District Judge Karen Schreier's decision to strike down parts of the law requiring doctors to tell patients the procedure increases the likelihood of suicide.

But the appeals court overturned Schreier's ruling that it was unconstitutional to require doctors in South Dakota to tell women they have an existing relationship with a fetus that is protected by law. Planned Parenthood had filed the lawsuit.

South Dakota Attorney General Marty Jackley says the full 11-member court will rehear arguments related to the suicide advisory in January.

This article has been revised to reflect the following correction:
The Associate Press corrected the month of the prior decision to September.

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