Planned Parenthood Minnesota, North Dakota, South Dakota et al v. Daugaard et al

.t-1L£D
JUN 27 2012
~~	IN THE UNITED STATES DISTRlCT COURT
FOR THE DISTRlCT OF SOUTH DAKOTA
SOUTHERN DNISION
PLANNED PARENTHOOD MINNESOTA, 	) 	Civ. 11-4071-KES
NORTH DAKOTA, SOUTH DAKOTA, 	)
and CAROL E. BALL. M.D., 	)
)
Plaintiffs. 	)
)
~ 	)
)
DENNIS DAUGAARD, Governor, 	} 	AMENDED ORDER
MARlY JACKLEY, Attorney General, 	) 	DISSOLVING IN PART
DONE EN HOLLINGSWORTH, Secretary 	} 	AND CONTINUING IN PART
of Health, Department of Health, and 	) 	THE PRELIMINARY
ROBERT FERRELL, M.D., President, 	) 	INJUNCTION
Board of Medical and OsteopathiC 	}
Examiners, in their offiCial capacities, 	}
)
Defendants. 	)
}
ALPHA CENTER and BLACK HILLS 	)
CRlSIS PREGNANCY CENTER, 	)
d/b/a Care Net Pregnancy Resource 	)
Center, 	)
)
Intervenors. 	)
On June 30, 2011, after contested motion, this Court entered an Order
(Dckt #39) preliminarily enjoining portions of South Dakota H.B. 1217,2011 Leg.
Reg. Sess. (S.D. 2011), which has since been codified at SDCL 34-23A-53 through
SDCL 34-23A-62, inclusive ("the Act"), 	SpeCifically. the Court enjoined all
sections of the Act except Section 5 [now SDCL 34-23A-58]; Subsection 1 of
Section 7 [now SDCL 34-23A-53]; and Subsection 5 of Section 9 [now SDCL 34
23A-61]. 	As described by this Court, the enjoined provisions consist of
"essentially four parts": "(I) the Pregnancy Help Center Requirements; (2) the 72
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Hour Requirement: (3) the Risk Factors Requirement; and (4) the Coercion
Provisions." 	Memorandum Opinion at 2 (Dckt #39).
On March 2, 2012, the Governor of South Dakota signed into law H.B.
1254, 2012 Leg. Reg. Sess. (S.D. 2012). 	This legislation is scheduled to take
effect on July 1, 2012. 	Collectively, the Act, as amended by the 2012 legislation,
is referred to herein as the "Amended Act" and is found in SDCL 34-23A-53
through SDCL 34-23A-62, inclusive.
On May 18, 2012, Plaintiffs filed a "Third Amended Complaint."
On June 26, 2012, the Plaintiffs, Defendants and Intervenors ("Parties"), by
and through their counsel, filed a Joint Stipulation to Dissolve in Part and
Continue in Part the Preliminary Injunction in the above matter ("Joint
Stipulation"). 	See Docket #__ .
This Court has considered the Joint Stipulation and for all the reasons
stated therein, finds good cause to enter an Order consistent with the Joint
Stipulation's terms. 	It is, therefore, hereby
ORDERED that, pursuant to the Joint Stipulation, the preliminary
injunction granted by this Court on June 30,2011 (Dckt #39) is dissolved in part
and continued in part, as described below.
The Court hereby DISSOLVES as moot the preliminary injunction with
respect to the following provisions or portions thereof (identified by applicable
section of H.B. 1217 (S.D. 2011). as well as its codification):
a) HB 1217. Section 1 (codified at SDCL 34-23A-541 - in its entirety.
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b) HB 1217, Section 2 (codified at SDCL 34-23A-55) 	in its entirety.
c) HB 1217, Section 3 (codified at SDCL 34-23A-56) - as follows:
• 	The first sentence in its entirety;
• 	The portion of the second sentence that reads: "Only after the
physician completes the consultation and assessment complying with
the provisions of §§ 34-23A-53 to 34-23A-62, inclusive, may the
physician schedule a surgical or medical abortion[.]";
• 	All of the fourth sentence, except the phrase "as they pertain to the
initial consultation";
• The portions of the fifth sentence (after the comma) that read:
"[P]rior to" and "a surgical or medical abortion, the physician shall";
and
• 	All of subsections (1), (2), (4), (5), (6), (7) and (8) in their entirety.
d) HB 1217, Section 4 (codified at SDCL 34-23A-57)-in its entirety.
e) HB 1217, Section 7 (codified at SDCL 34-23A-53)-all of subsections (2),
(3) and (4) in their entirety.
f) HB 1217, Section 8 (codified at SDCL 34-23A-60)-in its entirety.
g) HB 1217, Section 9 (codified at SDCL 34-23A-61)-as follows:
• 	All of subsections (1), (2) and (3) in their entirety;
• 	All of subsection (4), except the phrase "other than from a
pregnancy help center as referenced in §§ 34-23A-56 and 34-23A
57".
h) HB 1217, Section 10 (codified at SDCL 34-23A-62)-in its entirety.
i) HB 1217, Section 11 (not codified, but contained in 2011 S.D. Sess. Law
ch. 161, § 11)-in its entirety.
NOTE: 	The following sections of HB 1217 were never enjoined by this
Court in the June 30, 2011 order, so there is no need to address dissolving
the injunction with regard to: 	Section 5 [now SDCL 34-23A-58] in its
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entirety; Section 7, subsection (1) [now SDCL 34-23A-53(1)]; and Section 9,
subsection (5) [now SDCL 34-23A-61(5}] .
Provisions of the Amended Act That Continue to be Preliminarily Enjoined.
It is further ORDERED that, pursuant to the Joint Stipulation, the
previously entered preliminary injunction is CONTINUED with respect to the
following provisions or portions thereof of the Amended Act (identified here by
SDCL), pending further adjudication of the Parties' claims and defenses:
a) 	SDCL 34-23A-56 - as follows:
• 	The portion of the second sentence that reads: "but in no instance
may the physician schedule such surgical or medical abortion to
take place in less than seventy-two hours from the completion of
such consultation and assessment except in a medical emergency
as set forth in § 34-23A-IO.l and subdivision 34-23A-l(5).";
• 	The third sentence in its entirety;
• 	The portion of the fourth sentence that reads: "as they pertain to
the initial consultation,";
• 	The portion of the fifth sentence (prior to the colon) that reads:
"During the initial consultation between the physician and the
pregnant mother," as well as the word "scheduling";
• 	In subsection (3). the phrase in the first sentence (before the
colon) that reads: "and provide her with written instructions that
set forth the following", as well as all of subsections (3)(a) and
(3)(b) in their entirety.
b) SDCL 34-23A-59 - in its entirety.
c) 	SDCL 34-23A-61 - the phrase within subsection (4) that reads: "other
than from a pregnancy help center as referenced in §§ 34-23A-56 and
34-23A-57".
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The provisions of the Amended Act that continue to be preliminarily enjoined by
this Order are identified in highlighted and underlined type in Exhibit I, which
was attached to the Joint Stipulation as a representative illustration of the
descriptions therein, and is likewise attached to and incorporated in this Order
for the same purpose.
Only those provisions of the Amended Act, as amended in 2012, identified
above (and illustrated in Exhibit 1 by highlighted and underlined type) continue
to be preliminarily enjoined.
Provisions of the Amended Act That Will Be in Effect on July L 2012.
All provisions of the Amended Act not preliminarily enjoined by this Order
will be in full force and effect on July L 2012. 	These provisions are as follows
(and are illustrated in Exhibit 1 with non-highlighted and non-underlined type):
a) 	SDCL 34-23A-53, as amended by H.B.1254 (2012), in its entirety;
b) 	SDCL 34-23A-54 in its entirety:
c) 	SDCL 34-23A-55 in its entirety;
d) All of SDCL 34-23A-56, as amended by H.B. 1254 (2012), except those
portions that are enjoined as described above.
e} 	SDCL 34-23A-57, as amended by H.B. 1254 (2012), in its entirety;
f) 	SDCL §§ 34-23A-58 and 34-23A-58.1 through 34-23A-58.3, inclusive, in
their entirety;
g) 	SDCL §§ 34-23A-59.1 and 34-23A-59.2 in their entirety;
h) SDCL 34-23A-60 in its entirety;
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i) 	All ofSDCL 34-23A-61, as amended by H.B. 1254 (2012), exceptthe
phrase within subsection (4) that reads: "other than from a pregnancy
help center as referenced in §§ 34-23A-56 and 34-23A-5T' ; and
j) 	SDCL 34-23A-62 in its entirety.
It is further ORDERED that this Order becomes effective at 11 :59 p.m. on
June 30, 2012.
Dated June U, 2012.
BY THE COURT:
~L"' 	t 	dcd'U'-w-J
Kare 	E. Schreier
Chief Judge
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