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Governor Noem Files Appeal Brief in Planned Parenthood v. Noem

December 7, 2021

PIERRE, S.D. – On Friday December 3, Governor Kristi Noem filed her appeal brief in the Planned Parenthood v. Noem litigation, which she has appealed to the United States 8th Circuit Court of Appeals.

“Following last week’s historic oral arguments in the Dobbs case, South Dakota is moving forward with our legal fight to protect unborn lives,” said Governor Kristi Noem. “I look forward to the day when all life – born and unborn – is protected by law, and this litigation will be helpful in achieving that ultimate goal.”


In September, Governor Kristi Noem retained attorney Jay Sekulow and the American Center for Law and Justice to join the State’s legal team in this litigation. Sekulow, an accomplished Supreme Court advocate, is Chief Counsel of the ACLJ, one of the most prestigious law firms in the country. Sekulow led President Donald J. Trump’s defense team in its impeachment acquittal in January 2020.


The District Court had previously enjoined the provision in South Dakota state law requiring that a pregnant woman consult with a pregnancy help center, ensuring that she had all facts available and that she was not being coerced into an abortion, before deciding whether to abort her unborn child. The State of South Dakota appeals the District Court ruling to ensure that women considering an abortion have all of the facts regarding their unborn child, the potential risks of an abortion procedure, and to ensure that the mother is not being coerced into an abortion.


You can download the brief here, as well as an addendum to the brief here.