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.

4 thoughts on “Overturning Roe v. Wade

  1. This is truly scary to me – the idea that the government wants to legislate what women can do with their own bodies. I am not necessarily pro-life or pro-choice, but I believe people have a right to make their own decisions about their lives. It seems that we have come so far in so many ways, only to see the hard-won gains being slowly, but surely lost. And, as a Christian, I must ask myself – does the current administration represent my Christian beliefs? It’s a hard call to make.


  2. When you say, “the government wants to legislate what women can do with their own bodies,” the government already does that. For instance, you’re not allowed to punch me; there are civil and criminal penalties associated with that. You’re not allowed to use certain narcotics without penalties. Whether you do it to yourself or do it to others, as a society we already determine retrictions on what our neighbor is allowed to do.

    In the case of abortion, many social conservatives see the right of the woman to choose is trumped by the right of the defenseless to live. Whether you agree with the point that a fetus is a life is immaterial; many other people do believe it. The real reason that Roe v Wade was a poor ruling is that the federal government usurped the perogative of the state to make that determination. While South Dakota might outlaw abortion, New York would permit it. The U.S. Constitution (the 10th Ammendment) says that such a responsibility belongs to the states.


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