Planned Parenthood dismisses federal suit, will refile in state court

2013-02-09T09:05:00Z Planned Parenthood dismisses federal suit, will refile in state courtED TRELEVEN | Wisconsin State Journal | | 608-252-6134

With a potential agreement rebuffed in federal court, Planned Parenthood of Wisconsin dismissed its federal lawsuit over a state law that sets rules for medication-induced abortion and will refile it in state court.

Planned Parenthood sued the state in federal court in December, saying the law is unconstitutionally vague.

On Wednesday, Planned Parenthood and the state Department of Justice filed an agreement in federal court on interpretation of language in the law so doctors who administer drug-induced abortions would better know when they are in violation of the law.

But on Thursday, U.S. District Judge Barbara Crabb said she couldn't accept the agreement because, with the constitutional issue avoided by the settlement, it would mean the case would no longer fall under her jurisdiction.

Planned Parenthood lawyer Lester Pines said Friday the case will be refiled in Dane County Circuit Court. "The problem was that we had come to a stipulated settlement with the state, but because of a complicated and unforeseen circumstance with federal jurisdiction" the agreement was rejected, Pines said.

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