053093P.pdf   06/27/2008  Planned Parenthood, etc.  v.  Mike Rounds
   U.S. Court of Appeals Case No:  05-3093
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Gruender, Author, with Chief Judge Loken, Wollman, Murphy, Bye, 
   Riley, Melloy, Smith, Colloton, Benton, and Shepherd, Circuit Judges]
   Civil Case - Constitutionality of State Statute; Preliminary Injunction. 
   Grant of preliminary injunction preventing South Dakota statute regulating 
   informed consent to abortion from becoming effective is vacated. District 
   court erred in applying "fair chance of success" standard, as a substantial 
   likelihood of success on merits - a showing that movant" is likely to 
   prevail on the merits" - is required when implementation of state statute 
   following presumptively reasoned democratic processes is at issue. 
   District court abused its discretion in granting preliminary injunction 
   based on claim that physician's First Amendment rights to be free from 
   compelled speech was violated and in failing to give effect to statutory 
   definition of "human being" in other provision of the Act. Evidence did 
   not support likelihood of prevailing on the merits, as information 
   physicians were required to disclose was truthful, non-misleading and 
   relevant to patient's decision to have an abortion. Chief Judge Loken 
   concurs in the result. Judge Murphy, with Judges Wollman, Bye, and 
   Melloy, dissents. 
  
053093P.pdf   10/30/2006  Planned Parenthood  v.  Mike Rounds
   U.S. Court of Appeals Case No:  05-3093
   District of South Dakota   
   [PUBLISHED] [Murphy, Author, with Melloy and Gruender, Circuit Judges]
   Civil case - Abortion. Plaintiffs showed a likelihood of prevailing
   on their constitutional challenge to South Dakota House Bill 1166 (2005) 
   revising South Dakota law on informed consent to abortion, and the
   district court did not err in temporarily enjoining South Dakota's
   governor and attorney general from enforcing the law pending further
   proceedings in the case. Judge Gruender, dissenting.