The pro-abortion and anti-abortion lobbies had another round at one another over Wednesday's one hour hearing of a lawsuit at the U.S. Court
of Appeals for the Eighth Circuit.

The suit, filed by Planned Parenthood against the State of South Dakota as represented by Governor M. Michael Rounds, sought to strike down an anti-abortion legislation passed in 2005.

The disputed legislation requires abortion doctors to tell patients that they are ending “the life of a whole, separate, unique, living human being.” Plaintiffs assert that this is a violation of the free-speech rights of medical practitioners, and the issue was recognized by the court.

Last November, a three-judge panel voted 2-1 to suspend enforcement of the law pending the lawsuit.  On Wednesday, eleven judges of the eighth circuit heard the contestants’ take on the issue.

The real issue surrounding the controversies on abortion and stem cell research policy, of course, boils down to determining when a human fetus has gained sufficient sentience to declare its loss as a loss of a human life.

The case assumes significance for activists, since this is the first time that an appeals court would consider whether an early abortion means the loss of a human life.

South Dakota Attorney General Larry Long stated that the State Legislature defines a “human being” as a member of homo sapiens without any value judgment.

On the other hand, Sarah Stoesz, CEO of Planned Parenthood said, “What we are fighting is the imposition of a state mandated non-science-based script read by a doctor to a patient in an attempt to intimidate the patient.”

It would be of immense help to know the Court’s final verdict on the issue. The opinion is not expected before late summer or early fall.

The oral argument can be downloaded by searching the index at http://www.ca8.uscourts.gov/oralargs/oaFrame.html.