T Nation

South Dakota Bans Abortions


South Dakota banned abortion today in almost all cases. It will be challanged and will make it's way to the Supreme Court.

Think it will stand?

South Dakota law bans nearly all abortions.
Legislation sets up court challenge.

Monday, March 6, 2006

PIERRE, South Dakota (AP) -- Gov. Mike Rounds signed legislation Monday banning nearly all abortions in South Dakota, setting up a court fight aimed at challenging the 1973 U.S. Supreme Court decision that legalized abortion.

The bill would make it a crime for doctors to perform an abortion unless the procedure was necessary to save the woman's life. It would make no exception for cases of rape or incest.

Planned Parenthood, which operates the state's only abortion clinic, in Sioux Falls, has pledged to challenge the measure in court.

Rounds issued a written statement saying he expects the law will be tied up in court for years and will not take effect unless the Supreme Court upholds it.

"In the history of the world, the true test of a civilization is how well people treat the most vulnerable and most helpless in their society. The sponsors and supporters of this bill believe that abortion is wrong because unborn children are the most vulnerable and most helpless persons in our society. I agree with them," Rounds said in the statement.

The governor declined all media requests for interviews Monday.

The Legislature passed the bill last month after supporters argued that the recent appointment of conservative justices John Roberts and Samuel Alito have made the Supreme Court more likely to overturn Roe v. Wade.

South Dakota's abortion ban is to take effect July 1, but a federal judge is likely to suspend it during a legal challenge.

Rounds has said abortion opponents already are offering money to help the state pay legal bills for the anticipated court challenge. Lawmakers said an anonymous donor has pledged $1 million to defend the ban, and the Legislature set up a special account to accept donations for legal fees.

Under the new law, doctors could get up to five years in prison for performing an illegal abortion.

Rounds previously issued a technical veto of a similar bill passed two years ago because it would have wiped out all existing restrictions on abortion while the bill was tied up for years in a court challenge.

The statement he issued Monday noted that this year's bill was written to make sure existing restrictions will be enforced during the legal battle. Current state law sets increasingly stringent restrictions on abortions as pregnancy progresses. After the 24th week, the procedure is allowed only to protect the woman's health and safety.

About 800 abortions are performed each year in South Dakota. Planned Parenthood has said other women cross state lines to reach clinics.


Without reading the actual law and analyzing the cases, one could look at the current USSC and take a guess: It will be struck down.

It boils down to this: Kennedy isn't going to vote to uphold that law. I don't even think Kennedy would join an opinion that attempted to "blue pencil" the law into something more workable (i.e., assuming the accuracy of the report, a law that had medical exceptions and rape/incest exceptions).


I hope it gets struck down as soon as someone challenges it.


Well great, all we need now is a ban on contraceptives as well as a ban on sex education and we'll be set!


Yes, because contraception and abortion are just so close...


Yes, a ban on all those things.

I see it as the way forward.

Teenage pregnancies and overburdened families and communities are the way to go!

Lets all move there.

Is there anything there

I dont know.

No abortion clinics any more.

Damn it, those money making OBGY doctors cant make money out of them abortions now.


What pisses me off is that they think this stops women from getting abortions, when all it does is force this shit underground, and away from regulation.

This becomes far more dangerous to women when its illegal. But no, banning it completely makes everything better.

Thank God there's only like 10 people in the whole state anyway, and half of them are just driving through...


first off, let me say i think this ban is stupid...

BUT WHY THE HELL do people always use this stupid logic that "this wont stop pregnancies..it will just go underground."

Hello! you can say that about every single law we have in place. That is not a just or logical reason to allow abortion to happen


Because there is a big difference between women trying to abort because of their personal health, the reason for the pregnancy, etc. and a heroin addict.

It will be women. It will be eighteen year old girls...not hardened criminals. Thats why.


Yeah, you can, but isn't it a lot more common with abortions? I really dno't know any facts about this, so someone please correct me if I say somethign stupid.

There doesn't seem to be as many feelings of "shit I'm doing something wrong" with abortions, simply because having a baby would mean bigger repercussions than getting an illegal abortion.


Since murdering inconvenient people is acceptable, let's go into old folks homes and into mental hospitals and murder those inconvenient people too! How dare they have the temerity to overpopulate our world! And now here comes this baby to add to our burdens! How absolutely unacceptable!

As a bonus, we could fix our Social Security dilemma overnight with this logic. Problem ended!!

Yes, I hope the USSC overules this ban, so we can get back to our meaningful lives.


if she aborts her baby, SHE IS A CRIMINAL. She would not be an innocent person, she WOULD be a criminal.

A heroin addict is only a 'hardened' criminal because we have laws that MAKE them one.


Even before the ban, abortions were very difficult to get because of the Catholic Church.They own all the Hospitals, Doctors, Clinics and all the businesses supporting health Care.


I love South Dakota!

Your momma was pro life!


If we are into mudering inconvenient people, put your name on the list.

WHEN did life become so valuable. WHEN did keepin unborns alive become such an issue. go back a score or so years, and what we did the may be seen as totally abhorrent by some. I work in this field, and i have maybe a better perspective than some.

It is a luxury of the well heeled countries like our own to make these claims.

we are lucky to live to 40.


So you think abortion is murder?

If so, then you probably think that anyone who has ever had an abortion should get a life sentence in prison?

Pre-meditated murder = life sentence

according to you, abortion = murder

So abortion = life sentence in prison.


I don't think abortion should happen.They shouldn't kill the baby,but the parents for bringing it into the world and wanting it dead for THIER mistakes!


Good for South Dakota!

We need less abortions in this country. And if it is illegal there will be less abortions.

Those who think that it will happen anyway might want to look at our other laws.

If Driving under the influence were legal there would be more not less, but no it does not stop it from happening.



I agree. But what prevents abortions is sexual awareness and education. Not banning it.

I don't agree with this analogy.

I will always believe that women have the right to choose their fate. And a government run by mostly old white males should not have a say in what a woman can do regarding pregnancy. Especially in cases of rape or incest.

This world isn't black and white like the right wants to think.


This is a set up for Roe V Wade.

Just wait.