Areas of Expertise

Abortion Litigation & Legislative Initiatives

I. Major Court Decisions About Abortion and the Rights of Pregnant Mothers

Harold Cassidy has been widely consulted by pro-life legislators in various states, and has assisted in the drafting of state legislation. He successfully defended South Dakota’s 2005 Informed Consent Abortion Statute. It is very rare for the United States Court of Appeals to review a case with an en banc panel of the court – an appeal in which every member of the circuit court hears and decides the case. In Rounds, Alpha Center et al v. Planned Parenthood of Minn., N.D. & S.D., et al, the U.S. Court of Appeals for the 8th Circuit took the extraordinary step of granting two different en banc appeals in a single case. Below are the two en banc decisions which represent historic precedent. The first held that it was constitutional for South Dakota to require an abortion doctor to disclose that the abortion will terminate the life of a whole, separate, unique, living human being” because that statement is a true statement of medical and scientific fact and is relevant to the pregnant mother’s decision of whether or not she would consent to the procedure. In the second case, the en banc court held that it was constitutional to require the abortion doctor to disclose to the pregnant mother that an abortion places her at increased risk for suicide ideation and suicide because medical evidence substantially supports the truth of that statement of fact.

Here are the two opinions:

Planned Parenthood Minnesota, North Dakota, South Dakota v...., 530 F.3d 724 (8th Cir.)(en banc)(2008)

PLANNED PARENTHOOD MINNESOTA, NORTH DAKOTA, SOUTH DAKOTA; Carol E. Ball, M.D., Appellees,
v.
Mike ROUNDS, Governor, in his official capacity; Larry Long, Attorney General, in his official capacity, Appellants, Alpha Center; Black Hills Crisis Pregnancy Center, doing business as Carenet; Dr. Glenn A. Ridder, M.D.; Eleanor D. Larsen, M.A., LSWA, Intervenors on Appeal. No. 05–3093. | Submitted: April 11, 2007. | Filed: June 27, 2008.

Planned Parenthood Minnesota, North Dakota, South Dakota v...., 686 F.3d 889(8th Cir.)(en banc)(2012)

PLANNED PARENTHOOD MINNESOTA, NORTH DAKOTA, SOUTH DAKOTA; Carol E. Ball, M.D., Appellees/Cross Appellants,
v.
Mike ROUNDS, Governor; Marty J. Jackley, Attorney General, in their official capacities, Appellants/Cross Appellees, Alpha Center; Black Hills Crisis Pregnancy Center, doing business as Care Net; Dr. Glenn A. Ridder, M.D.; Eleanor D. Larsen, M.A., L.S.W.A.,
Appellants.

Christian Medical & Dental Associations; American Association of Pro–Life Obstetricians & Gynecologists; Catholic Medical Association; Physicians for Life; National Association of Pro– Life Nurses; Family Research Council; Care Net; Heartbeat International, Incorporated; National Institute of Family and Life Advocates, Incorporated; Eagle Forum Education and Legal Defense Fund; American College of Pediatricians, Amici Curiae.

II. Concurrent Resolution

In 2015, the South Dakota legislature passed a historic Concurrent Resolution addressed to the United States Supreme Court to express their grievances with the 1973 opinion of the United States Supreme Court in Roe v. Wade, the abortion case in which that Court prohibited the states from protecting the rights of pregnant mothers and their children. That historical resolution is educational and inspiring.

III. Other Initiatives

Harold Cassidy is currently working on a number of pro-life litigation and legislative initiatives. From time to time, when appropriate, some of them will be shared by being posted in this section.