Planned Parenthood, etc. v. Mike Rounds

MURPHY, Circuit Judge,

with whom

WOLLMAN, BYE and MELLOY, Circuit Judges, join, dissenting.

I respectfully dissent. In order to uphold an amendment to South Dakota’s informed consent law which imposes unprecedented restrictions on women seeking abortions and unprecedented demands on their physicians, the court has bypassed important principles of constitutional law laid down by the Supreme Court. It has also found it necessary to revise the circuit *739standard for preliminary injunctions and to depart from established practice by not remanding for the district court to have the opportunity to apply…