Planned Parenthood sought the injunction against the South Dakota
measure, which was first part of an executive order issued last
September by Governor Kristi Noem, a Republican.
Judge Karen Schreier wrote in her ruling that Planned Parenthood had
shown that South Dakota had created a "substantial obstacle" in the
path of women seeking medication abortions.
Noem's executive order mandated that the two drugs used in mediation
abortions both be administered by a medical provider. Typically, a
woman would receive the first medication at a provider's office, and
be handed the second drug at the same time, with instructions to
take it 24 to 72 hours later.
Because Planned Parenthood's office in Sioux Falls is the only one
that provides abortions in the state, and because many women travel
long distances to reach its office, forcing them to make repeat
visits could put an undue burden on many women, the judge wrote in
her restraining order.
The legal battle over abortion in the United States has grown
increasingly tense in recent months. In December, the Supreme Court,
with a 6-3 conservative majority, heard arguments in Mississippi's
bid to revive its 15-week ban on abortions.
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Conservative justices indicated then that they
are open to either gutting or overturning
entirely Roe v. Wade, the 1973 case that
established a woman's right to terminate her
pregnancy before the fetus is viable. A decision
is due by the end of June.
In December, the federal government permanently
eased some restrictions on medication used in
abortions for up to 10 weeks of pregnancy,
allowing the drug to be sent by mail rather than
requiring it to be dispensed in person. However,
19 states have laws that supersede the FDA
decision by barring telehealth consultations or
mailing of abortion pills.
(Reporting by Brad Brooks in Lubbock, Texas;
Editing by Robert Birsel)
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