United States Eighth Circuit

An order temporarily enjoining South Dakota's governor and attorney general from enforcing measures enacted in 2005 revising the South Dakota law on informed consent to abortion, pending further proceedings in the case, is affirmed where plaintiffs showed a likelihood of prevailing on their constitutional arguments based on First Amendment rights of physicians and due process rights of women seeking abortion, and there was no abuse of discretion in the grant of injunctive relief.

Appellate Information

• Decided 10/30/2006
• Published 10/30/2006

Judges

• GRUENDER, Circuit Judge., Before, LOKEN, Chief Judge, WOLLMAN, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, BENTON and SHEPHERD, Circuit Judges, en banc.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John P. Guhin, AAG, argued, Patricia J. DeVaney and Bobbi J. Rank, on the brief, Pierre, SD, for appellant., Harold J. Cassidy, argued, Robert W. Ruggieri and Thomas J. Viggiano, III, Shrewsbury, NJ, Jeremiah D. Murphy, on the brief, Sioux Falls, SD, for Intervenors., Benjamin W. Bull and Jordan W. Lorence, on the brief, Scottsdale, AZ, for amicus parties.


• For Appellees:
  
• Timothy E. Branson, argued, Steven D. Bell and Michael R. Drysdale, on the brief, Minneapolis, MN, for appellees.