PLANNED PARENTHOOD MINNESOTA, N.D., S.D. v. ROUNDS

Nos. 09-3231, 09-3233, 09-3362.

686 F.3d 889 (2012)

PLANNED PARENTHOOD MINNESOTA, NORTH DAKOTA, SOUTH DAKOTA; Carol E. Ball, M.D., Appellees/Cross Appellants, v. Mike ROUNDS, Governor; Marty J. Jackley, Attorney General, in their official capacities, Appellants/Cross Appellees, Alpha Center; Black Hills Crisis Pregnancy Center, doing business as Care Net; Dr. Glenn A. Ridder, M.D.; Eleanor D. Larsen, M.A., L.S.W.A., Appellants. Christian Medical & Dental Associations; American Association of Pro-Life Obstetricians & Gynecologists; Catholic Medical Association; Physicians for Life; National Association of Pro-Life Nurses; Family Research Council; Care Net; Heartbeat International, Incorporated; National Institute of Family and Life Advocates, Incorporated; Eagle Forum Education and Legal Defense Fund; American College of Pediatricians, Amici Curiae.

United States Court of Appeals, Eighth Circuit.

Filed: July 24, 2012.


Attorney(s) appearing for the Case

John P. Guhin , AAG, argued, Patricia J. DeVaney , AAG, on the brief, Pierre, SD, for appellants/cross-appellees, Mike Rounds, Governor, Marty J. Jackley, Attorney General.

Harold J. Cassidy , argued, Shrewsbury, NJ, Robert W. Ruggieri , Thomas J. Viggiano, III , Derek M. Cassidy , Shrewsbury, NJ, Jeremiah D. Murphy , Sioux Falls, SD, on the brief, for appellants, Alpha Center, Black Hills Crisis Pregnancy Center, Dr. Glenn A. Ridder, and Ms. Eleanor D. Larsen.

Timothy E. Branson , argued, Minneapolis, MN, Michael Drysdale , Minneapolis, MN, Steven D. Bell , Denver, CO, Roger Evans , New York, NY, Mimi Liu , Washington, DC, on the brief, for appellees/cross-appellants, Carol E. Ball, M.D., and Planned Parenthood Minnesota, North Dakota, South Dakota.

Steven H. Aden , on the brief, Washington, DC, for amici curiae, Family Research Council, Care Net, Heartbeat International Inc., and National Institute of Family and Life Advocates, Inc.

Mailee R. Smith , William L. Saunders , Danise M. Burke , on the brief, Washington, DC, for amici curiae, Christian Medical & Dental Associations, American Association of Pro-Life Obstetricians & Gynecologists, Catholic Medical Association, Physicians for Life, and National Association of Pro-Life Nurses.

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


GRUENDER, Circuit Judge.

The Governor and Attorney General of South Dakota ("the State"), along with two intervening crisis pregnancy centers and two of their personnel (collectively "Intervenors"), appeal the district court's permanent injunction barring enforcement of a South Dakota statute requiring the disclosure to patients seeking abortions of an "[i]ncreased risk of suicide ideation and suicide," see S.D.C.L. § 34-23A-10.1(1)(e)(ii) ("suicide advisory...

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