KRISTI EATON, Associated Press
September 2, 2011
SIOUX FALLS, S.D. (AP) — South Dakota can require doctors to tell women who seek abortions that they have an "existing relationship" with their fetus that is protected by law and that they can't be forced to undergo the procedure, a federal appeals court ruled Friday.
The 8th U.S. Circuit Court of Appeals overturned U.S. District Judge Karen Schreier's ruling two years ago in which she struck down the requirement, which is part of a larger law requiring South Dakota doctors to provide women with certain information before an abortion can be deemed voluntary.
The law mandates that the doctor must tell an abortion seeker that she "has an existing relationship with that unborn human being and that the relationship enjoys protection under the United States Constitution and under the laws of South Dakota."
Schreier found the wording misleading because she said a relationship, in the eyes of the law, can only exist between people and the Supreme Court has ruled that the unborn are not legally considered people.
The appeals court disagreed with Schreier's reasoning, agreeing with the state's argument that doctors would be providing patients with valid legal advice — that they can't be compelled to have an abortion — allowing patients to make more informed decisions.
http://www.chicagotribune.com/news/nationworld/sns-ap-us-sd-abortion-ruling,0,5218086.story#start