FEBRUARY 9, 2022:
Late last night (Feb. 8, 2022), a federal district court judge granted a preliminary injunction against a regulation that would have effectively eliminated access to medication abortion in South Dakota. The rule, created by the South Dakota Department of Health at the direction of Gov. Kristi Noem, was previously blocked by a temporary restraining order, granted in January at the request of Planned Parenthood and the ACLU of South Dakota.
“We are relieved that South Dakotans can still access medication abortion,” said Sarah Stoesz, president and CEO of Planned Parenthood North Central States. “Medication abortion is safe, common and essential health care. It is imperative that every person who decides that an abortion is the best decision for them are able to access the care they need, when they need it. South Dakotans deserve the right to make their own personal decisions about their lives and futures.”
South Dakota already requires patients to wait a minimum of 72 hours before an abortion, excluding weekends and holidays, which requires patients to make two trips to the health center. The new regulation would mandate a third visit for patients seeking a medication abortion — which imposes significant barriers to accessing care and is contrary to the standard of care and the recommendations of leading national and state medical organizations.
“Last night’s ruling demonstrates that the court fully understands the harmful and immediate effects this regulation would have on South Dakotans,” said Stephanie Amiotte, ACLU of South Dakota legal director. “Access to health care is a basic human right, and every person deserves to have control over their own bodies, lives and futures. For people concerned about the legislature’s attempts to block their access to medical care, this ruling sends a clear message: Medication abortion is safe and should remain accessible to all South Dakotans without undue burdens imposed by politicians. We will continue to challenge efforts contrary to our right to make our own medical care decisions.”
In the ruling, the federal district court found that the new regulation requirements are medically unnecessary, impose unnecessary medical risks, and amount to a substantial obstacle for patients seeking medication abortion. The court also rejected the State’s argument that the regulation’s overarching purpose was patient health, noting that the FDA, an entity the State cited as authoritative on the subject, states that there is no medical reason for the challenged requirements under the regulation.
The lawsuit was filed by Planned Parenthood Federation of America, the ACLU of South Dakota, and Michael Drysdale at Dorsey & Whitney on behalf of Planned Parenthood Minnesota, North Dakota, South Dakota (PPMNS) and their Medical Director, Sarah Traxler, MD.
JANUARY 27, 2022:
A federal district court judge temporarily blocked (Jan. 26, 2022) a new rule from the South Dakota Department of Health, created at the direction of Gov. Kristi Noem, that would have effectively eliminated access to medication abortion in the state. The judge granted this temporary restraining order at the request of Planned Parenthood and the ACLU of South Dakota in a case filed last week.
“We are relieved that South Dakotans’ access to medication abortion remains unchanged for right now,” said Sarah Stoesz, president and CEO of Planned Parenthood of North Central States. “The rule’s proposed changes to medication abortion are completely unsupported by medicine and would place an immense burden on patients. Every person deserves the right to make their own decision about their body and their life. Medication abortion is safe and common, and South Dakotans deserve the freedom to make their own decisions about their health.”
South Dakota already mandates patients to wait a minimum of 72 hours before an abortion, which requires patients to make two trips to the health center. The new proposed rule would mandate a third visit for patients seeking a medication abortion.
In the ruling, the federal district court found that “Planned Parenthood and its patients face irreparable harm” should the request for relief not be granted.
“From the person living in a rural community hundreds of miles away from the only abortion provider in South Dakota to the patient who wants to access this essential care in the privacy and comfort of their home, this decision comes as a tremendous relief,” said Stephanie Amiotte, ACLU of South Dakota legal director. “This decision is critical progress, but when it comes to the right to control one’s own private medical care in South Dakota it’s far from complete. We will continue to take action to protect our right to make our own medical care decisions, including reproductive decisions, which should not be decided by politicians. Choosing our own medical care is a fundamental right that belongs to all of us, regardless of where we live, how much money we make or the color of our skin.”
The temporary restraining order is in effect until Feb. 9, 2022. A hearing on the plaintiffs’ preliminary injunction motion is scheduled for next Tuesday (Feb. 1, 2022).
The lawsuit was filed by Planned Parenthood Federation of America, the ACLU of South Dakota, and Michael Drysdale at Dorsey & Whitney on behalf of Planned Parenthood Minnesota, North Dakota, South Dakota (PPMNS) and their Medical Director, Dr. Sarah Traxler, MD.
A copy of the order is below.
Planned Parenthood v Noem medication abortion temporary order 012622
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