SIOUX FALLS, South Dakota (Reuters) - South Dakota became the first U.S. state to pass a law banning abortion in virtually all cases, with the intention of forcing the Supreme Court to reconsider its 1973 decision legalizing the procedure.
The law, which would punish doctors who perform the operation with a five-year prison term and a $5,000 fine, awaits the signature of Republican Gov. Michael Rounds and people on both sides of the issue say he is unlikely to veto it.
"My understanding is we are the first state to truly defy Roe v. Wade," the 1973 high court ruling that granted a constitutional right to abortion, said Kate Looby of Planned Parenthood's South Dakota chapter.
State legislatures in Ohio, Indiana, Georgia, Tennessee and Kentucky also have introduced similar measures this year, but South Dakota's legislative calendar means its law is likely to be enacted first.
"We hope (Rounds) recognizes this for what it is: a political tool and not about the health and safety of the women of South Dakota," Looby said.
"If he chooses to sign it, we will be filing a lawsuit in short order to block it," she said after attending the afternoon debate at the state capital in Pierre.
Proponents have said the law was designed for just such a court challenge.
The timing is right, supporters say, given the recent appointments of Chief Justice John Roberts and Justice Samuel Alito to the high court. The two conservatives could pave the way to a decision overturning Roe v. Wade.
The high court said on Tuesday it will rule on whether the federal government can ban some abortion procedures, a case that could reveal whether the court reshaped by President George W. Bush will restrict abortion rights.
In 1992, the Supreme Court reaffirmed the right to abortion in Planned Parenthood v. Casey, the last direct challenge to Roe v. Wade.
The South Dakota law concludes that life begins at conception based on medical advances over the past three decades.
Proposed amendments to the law to create exceptions to specifically protect the health of the mother, or in cases of rape or incest, were voted down. Also defeated was an amendment to put the proposal in the hands of voters.
The bill as written does make an exception if the fetus dies during a doctor's attempt to save the mother's life.
Planned Parenthood operates the sole clinic in South Dakota where roughly 800 abortions are performed each year by doctors from neighboring Minnesota, Looby said.
Two years ago, Rounds vetoed a similar bill, saying it would wipe out existing restrictions on abortion while it was fought in the courts. A rewritten bill lost narrowly in the state Senate.
Some legislators opposed to abortion rights questioned whether it was premature to challenge Roe v. Wade, and said litigation would prove expensive for the sparsely populated state. An anonymous donor has offered $1 million to the state to defray the costs of litigation.
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This law will be kicked down. Those legislators are idiots, especially because they believe they can define the healthcare of another person. Such foolishness.
I don't know the key to success, but the key to failure is trying to please everybody.
- Bill Cosby
The guy who takes a chance, who walks the line between the known and unknown, who is unafraid of failure, will succeed.
- Gordon Parks
DaveyJones said this in post #4 : long as it stays in South Dakota,I could care less...
Where the heck is South Dakota anyways?
South Dakota has a population of 770,883 as of 2004. The majority of South Dakotans are white protestant farmers, mostly redneck, who go faithfully to church. When I was in Rapid City, South Dakota I saw a lot of country folk who were probably anti-abortion.
It is a very small state, but I loved it and still do.
You must turn on, tune in and drop out.
Timothy Leary
I reserve the right to be ignorant. That's the Western way of life. The Spy who came in from the cold
Mama always said life was like a box a chocolates, never know what you're gonna get.
HECK said this in post #1 : Proposed amendments to the law to create exceptions to specifically protect the health of the mother, or in cases of rape or incest, were voted down. Also defeated was an amendment to put the proposal in the hands of voters.
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Even if a person doesn't agree with abortion, I'd hope that they would veto this bill for this. There is always trouble with 'no exceptions' stuff like this.
"Man is a marvelous curiosity ... he thinks he is the Creator's pet ... he even believes the Creator loves him; has a passion for him; sits up nights to admire him; yes and watch over him and keep him out of trouble. He prays to him and thinks He listens. Isn't it a quaint idea." Mark Twain
DaveyJones said this in post #7 : .....its her body,let her decide....
no, a baby is NOT part of the body. Both my Biology book and zoology book make this statement.
politically it is scientifically it isn't. many science holders have been paid a lot of money to say it is but most say its not.
The womens brain does not control any part of the babies body - isn't even trully connected to it - the only thing the baby does is grow and the only thing connected to the women is a tube that provides blood, food and oxygen. Like a parasite.
Part of the womens boby is the finger, toe, lung, heart, things controled by the women - the baby is NOT controlled by the women on any measure.
02-23-2006 10:42 PM
hopefully more states will follow this example
