Overturning Roe v. Wade

South Dakota has wasted no time challenging the federal government’s mandate to allow abortion. They have approved a ban on abortion specifically to challenge Roe v. Wade.

PIERRE, S.D. – South Dakota lawmakers approved a ban on nearly all abortions Friday, setting up a deliberate frontal assault on Roe v. Wade at a time when some activists see the U.S. Supreme Court as more willing than ever to overturn the 33-year-old decision.

Republican Gov. Mike Rounds said he was inclined to sign the bill, which would make it a crime for doctors to perform an abortion unless it was necessary to save the woman’s life. The measure would make no exception in cases of rape or incest.

A judge is likely to suspend the abortion ban during the legal challenge, which means it would never take effect unless the state gets the case all the way to the U.S. Supreme Court and wins.

Under the measure, doctors could get up to five years in prison for performing an illegal abortion. The House passed the bill 50-18 on Friday, and the Senate approved it 23-12 earlier this week. If signed, it would become law July 1.

Money for the anticipated legal fight is already pouring in. Lawmakers were told during the debate that an anonymous donor has pledged $1 million to defend the ban, and the Legislature is setting up a special account to accept donations.