South Dakota Gov. Noem’s Appeal of Abortion Pills Order Put on Hold

Both sides agreed to wait on Supreme Court

By Dave Andrusko

When the first draft of Supreme Court Justice Samuel Alito’s opinion was leaked to the press, its conclusion that Roe and Casey ought to be overturned had immediate consequences for other abortion cases.

For example, “A federal appeals court on Tuesday ordered that a case between Planned Parenthood and the state of South Dakota be put on hold until the U.S. Supreme Court issues a decision in a separate case that could overturn the landmark Roe v. Wade case that legalized abortion nationwide,” the Associated Press reported.

The law at issue requires that women undergoing a chemical abortion to have an in-person examination by a physician. When the House and Senate agreed on the requirement, Gov. Kristi Noem tweeted

My legislation to ban telemedicine abortions passed the Senate and is on its way to my desk! With this bill, we will protect both unborn babies and their mothers from this dangerous procedure.

In February, U.S. District Judge Karen Schreier issued a preliminary injunction, which Noem appealed.

But in light of Justice Alito draft opinion, both Planned Parenthood and the state “motioned for the appeal to be held in abeyance until the Supreme Court issues a decision in Dobbs v. Jackson Women’s Health Organization, the AP reported