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Lawsuit filed to stop medical-abortion rule from going into effect

Photo Courtesy South Dakota News Watch

SIOUX FALLS, S.D. (KELO) — One week from Thursday, new abortion restrictions are set to take effect in South Dakota. Planned Parenthood is taking steps to stop that from happening.

The American Civil Liberties Union (ACLU) and Planned Parenthood filed a lawsuit Wednesday challenging a rule that would make the process of getting abortion medication in South Dakota a stricter process.

The rule, approved by the Legislature’s Rules Committee earlier this month, would require a female patient to make three visits to a physician to receive the drug Misoprostol, which would cause a chemical abortion.

Governor Kristi Noem said in a statement after the passing of the rule that she looks “forward to the day when the life of every unborn child is protected in South Dakota.”

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In a joint statement, the ACLU and Planned Parenthood said the rule goes against the FDA’s recommendations and would place “yet another medically unnecessary and burdensome restriction on abortion access in South Dakota.”

The lawsuit also says a Planned Parenthood doctor flies to Sioux Falls twice a week, so South Dakota’s only abortion clinic would no longer be able to provide medication abortions. The lawsuit says that could lead to a significant increase in abortion procedures and delays for patients.

In the State of the State address at the start of the 2022 legislative session, Gov. Noem asked the legislature to “protect South Dakota women” and “the heartbeats of these unborn children” before adding that she would be bringing forward legislation to ban all abortions once a heartbeat is detected.