PLANNED PARENTHOOD, SIOUX FALLS CLINIC v. MILLER

Nos. 94-3326SD, 94-3398SD.

63 F.3d 1452 (1995)

PLANNED PARENTHOOD, SIOUX FALLS CLINIC; Buck J. Williams, M.D.; and Women's Medical Services, P.C., Appellees/Cross-Appellants, v. Walter D. MILLER, Governor, in his Official Capacity, and Mark W. Barnett, Attorney General, in his Official Capacity, Appellants/Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 31, 1995.


Attorney(s) appearing for the Case

John P. Guhin, Pierre, SD, argued (Janine Kern, Frank Geaghan and Robert Mayer, on the brief), for appellants.

Dara Klassel, New York City, argued (Beth Otten, Roger K. Evans and Michael B. Crew, on the brief), for appellees.

Before RICHARD S. ARNOLD, Chief Judge, JOHN R. GIBSON, Senior Circuit Judge, and FAGG, Circuit Judge.


RICHARD S. ARNOLD, Chief Judge.

The Governor and Attorney General of South Dakota ("the State") appeal from a District Court1 ruling that the parental-notice provision of its abortion law is unconstitutional on its face because it fails to provide a bypass mechanism to allow mature and "best interest" minors to proceed with an abortion without notifying a parent. The State also appeals the District Court's holding that its provisions for...

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