UPDATES & ANALYSIS

12.06

Eighth Circuit Schedules Second En Banc Argument of the Term

by Ryan Koopmans | December 6, 2011

By Ryan Koopmans

The Eighth Circuit announced yesterday that the en banc court (all eleven active judges) will again consider South Dakota’s 2005 law on informed consent of abortion.  The full court considered portions of the law in 2008, voting 7-4 at that time to reverse the district court’s issuance of a preliminary injunction.

This time the court will focus on the the requirement that physicians inform patients of “all known medical risks” of abortion, including “[i]ncreased risk of suicide ideation and suicide.”  A majority of a three-judge panel, in an opinion by Judge Murphy, struck down the provision under the First Amendment and Due Process Clause of the Fourteenth Amendment.  Judge Gruender dissented on both points. 

The en banc court will hear oral argument on January 9, 2012 in St. Louis.  This will be the second en banc argument of the 2011-2012 session.

SHARE

Tags:

FEATURED POSTS

Divided Iowa Supreme Court upholds state law governing restoration of firearms rights

In its first decision addressing a 2022 constitutional amendment that for the first time recognizes a “fundamental” right to bear arms in the Iowa Constitution, a divided Iowa Supreme Court affirmed the Pottawattamie District Court’s ruling denying an Iowa man’s bid to have his firearms rights restored after those rights had been revoked.

Iowa Supreme Court to hear arguments in one case in Marshalltown Nov. 19

The Iowa Supreme Court will hear oral arguments Nov. 19 in an evening session in Marshalltown in a case that involves the legality of a home search under the Iowa Constitution.

The Nov. 19 argument in Marshalltown is one in a series of court sessions held outside of the Judicial Branch Building in Des Moines to give Iowa …

EDITORIAL TEAM

ABOUT

On Brief: Iowa’s Appellate Blog is devoted to appellate litigation with a focus on the Iowa Supreme Court, the Iowa Court of Appeals, and the U.S. Court of Appeals for the Eighth Circuit.

RELATED BLOGS

Related Links

ARCHIVES