South Dakota Bans Most Abortions

By Michael Conlon

CHICAGO (Reuters) – The governor of South Dakota on Monday signed into law severe restrictions on abortion, in a direct challenge to the Supreme Court’s legalization of the practice 33 years ago.

The signing of the legislation touches off an expected legal battle that will take years to resolve, Gov. Mike Rounds said in announcing his action.

Abortion foes have said they hope to use the South Dakota law to eventually bring the issue back before the high court, where they believe conservatives added to the bench by President George W. Bush in the last year could weaken or dismantle the court’s landmark Roe v. Wade decision of 1973.

Supporters of abortion rights said in advance that they would battle to keep current law from being overturned.

"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," Gov. Rounds said.

"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," the Republican governor added.

"Because this new law is a direct challenge to the Roe v. Wade interpretation of the Constitution, I expect this law will be taken to court and prevented from going into effect this July," he added. "That challenge will likely take years to be settled."

The bill Rounds signed had been passed by the state legislature on February 24. He had reviewed it to make sure there were no technical problems and said its purpose simply was to "eliminate most abortions in South Dakota."

‘FRONTAL ASSAULT’ ON ROE V. WADE

Rounds, who has described the legislation as a "frontal assault" on Roe v. Wade, had vetoed a similar measure two years ago, saying it would have wiped out existing state restrictions on abortion while it was fought in the courts.

The new law bans abortion in virtually all cases, punishing doctors who perform one with five years in prison and a $5,000 fine.

The measure bans abortion even in cases where a woman is pregnant as a result of rape or incest, or if giving birth would damage the health of the mother. It creates a narrow exemption in cases in which a physician’s effort to save a pregnant woman’s life results in the accidental death or injury of her fetus.

Planned Parenthood, which operates the sole abortion clinic in South Dakota where about 800 of the procedures are performed each year by doctors from neighboring Minnesota, said it would challenge the new law.

"All options are being considered at this time," said Kate Looby, state director for the group. The governor, she said, "cares more about politics than about the reproductive freedom of women in South Dakota."

Looby said: "Our doors remain open. We will not be closing, hopefully never."

She said the group was looking at how best to challenge the law in court, and also at the possibility of putting the matter up for a statewide referendum. She said a majority vote against it would prevent the law from taking effect.

"Abortion has never been put before the voters before. I don’t think they can win on either count," said Troy Newman, head of the anti-abortion group Operation Rescue in Wichita, Kansas.

"The people are pro-life, particularly in South Dakota," Newman said. "The timing (of the law) couldn’t be better and reflects the momentum the pro-life movement has today. It’s not coming from the top, it’s coming from the ground. It’s a grass-roots movement that’s propelling the legislatures, the governor, the president, and ultimately the Supreme Court to nullify the permissive abortion laws."

The issue is moving forward on other fronts nationally. There has been a state-by-state campaign in recent years by anti-abortion forces to find a vehicle by which to challenge the high court’s 1973 decision.

State proposals to ban abortion are before legislatures in Mississippi, Georgia, Indiana, Missouri, Ohio, Kentucky and Tennessee.

(Additional reporting by Andrew Stern)