Planned Parenthood Minnesota, North Dakota, South Dakota has requested a temporary restraining order asking a judge to prevent South Dakota’s state Department of Health from carrying out sanctions outlined in a letter sent to the organization that could result in a suspension or revocation of Planned Parenthood’s license to perform abortions, the AP/Minneapolis Star Tribune reports.

Planned Parenthood sued the state in 2005 after an informed consent law was enacted requiring physicians to make several disclosures to pregnant women seeking abortion services, and U.S. District Judge Karen Schreier issued a temporary injunction preventing the law from taking effect. However, the 8th U.S. Circuit Court of Appeals overruled Schreier's order in June 2008, and South Dakota began to enforce the law. Planned Parenthood continues to challenge the law and disagrees with the state over the required wording of the disclosure form proposed by the state. Schreier heard oral arguments in July and is deciding whether to grant motions for summary judgment -- which could end the court case -- or proceed to trial.

Planned Parenthood says it began complying with the law once the preliminary injunction was lifted but the state claims that the information Planned Parenthood is providing to patients does not match the requirements in the law. Clinic staff met with state health officials on July 30 to discuss what the state claimed were violations of the law that it observed in May when inspecting South Dakota's only abortion clinic in Sioux Falls (Walker, AP/Minneapolis Star Tribune, 8/13). The parties worked toward an interim agreement over the law, but they could not reach an accord. As a result, the Department of Health sent the letter citing the violations and indicating that it could suspend the organization's license. Planned Parenthood spokesperson Kathi Di Nicola said, "We knew if we didn't reach an interim agreement with them, then this would occur." She added, "It's procedural, to an extent" (Verges, Sioux Falls Argus Leader, 8/13).

Planned Parenthood asked Schreier to prevent the state from taking any action until she decides if she will rule on a portion or the entire lawsuit or let the case go to trial (AP/Minneapolis Star Tribune, 8/13).

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