Planned Parenthood et al. v. Mike Rounds et al.

Brief Submitted but not accepted: 4/10
Court: United States Court of Appeals for the Eighth Circuit
Year of Decision

Read the full-text amicus brief (PDF, 106KB)

Issue

Addresses the constitutionality of a South Dakota statute that required physicians to warn women considering an abortion that suicide or suicidal ideation are known medical risks of abortion

Index Topic

Abortion

Facts

In April 2010, APA sought leave to file a brief in the U.S. Court of Appeals for the 8th Circuit in Planned Parenthood et al. v. Mike Rounds et al. The case involves an appeal by the state of South Dakota of a trial court ruling striking down as unconstitutional a South Dakota statute that required physicians to warn women considering an abortion that suicide or suicidal ideation are known medical risks of abortion. In reaching that decision the trial court relied in part on the Report of the APA Task Force on Mental Health and Abortion (PDF, 602KB) which found after a comprehensive literature review that the research does not support a finding that an abortion in the first trimester causes mental health problems. The appellant state of South Dakota opposed APA’s request for leave to file an amicus brief on several grounds, including that the copy of the APA Task Force report that APA had attached to the amicus brief for the court’s convenience contained several tables in the appendix that had not appeared in the original report filed with the trial court. APA replied to these arguments but the 8th Circuit did not allow APA’s brief to be filed. Thereafter APA sought leave to file a revised shortened brief that among other things deleted the tables to the report. The state also opposed this request, accusing APA of trying to supplement the record with expert testimony. The 8th Circuit again denied APA’s request and thus the brief was not included in the material that the merits panel will consider when it decides the appeal.

Thus the brief was submitted to the 8th Circuit Court of Appeals but not accepted.