PLANNED PARENTHOOD OF MINNESOTA/SOUTH DAKOTA v. ROUNDS

No. 03-1711SD.

372 F.3d 969 (2004)

PLANNED PARENTHOOD OF MINNESOTA/SOUTH DAKOTA, and Peter D'Ascoli, M.D., Appellees, v. M. Michael ROUNDS, Governor, and Lawrence Long, Attorney General, in their official capacities, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: June 21, 2004.


Attorney(s) appearing for the Case

John P. Guhin, Deputy Attorney General, argued, Pierre, SD (Patricia J. DeVaney and Frank Geaghan, Assistant Attorneys General, Pierre, SD, on the brief), for appellant.

Helene T. Krasnoff, argued, Planned Parenthood Federation of America, Inc., Washington, D.C. (Roger K. Evans, Planned Parenthood Federation of America, Inc., New York, NY, on the brief), for appellee.

Before RILEY and RICHARD S. ARNOLD, Circuit Judges, and HOVLAND, Chief District Judge.


RICHARD S. ARNOLD, Circuit Judge.

Defendants appeal from the District Court's adverse grant of summary judgment, arguing, among other things, that the District Court erred in holding that hospitals are available in South Dakota for abortions. This was the key to the District Court's treatment of the case, leading, in the view of that Court, to a holding that the South Dakota statute placed an undue burden on the right to choose between abortion and live birth. In...

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