SIOUX FALLS (AP) – 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 South Dakota lawsuit is over a rule pushed by Republican Gov. Kristi Noem that would require abortion-seekers to make three separate visits to a doctor to take abortion pills. Planned Parenthood, which operates the state's only clinic that regularly provides abortions, asserted that the rule would have ended its ability to provide medicine-induced abortions.
A federal judge issued a preliminary injunction against the rule in February, finding that it likely infringed on the right to an abortion. Noem appealed that decision.
But both sides 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 legal fight over requirements to get abortion pills in South Dakota may soon become moot. South Dakota is one of 13 states with a trigger law that would ban abortions altogether if Roe is overturned.