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Kaiser Daily Women's Health Policy
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State Politics & Policy | South Dakota Gov. Rounds Signs Bill Banning Abortion, Expects Legal Challenge
[Mar 07, 2006]

      South Dakota Gov. Mike Rounds (R) on Monday signed into law a bill (HB 1215) that bans all abortions in the state except to save a pregnant woman's life, setting up potential litigation aimed at overturning Roe v. Wade -- the 1973 Supreme Court decision that effectively barred state abortion bans -- the New York Times reports (Davey, New York Times, 3/7). While the law -- which is scheduled to take effect on July 1 -- will not punish a woman who undergoes an abortion, it will make it a felony to perform one. Physicians convicted of performing the procedure will face a minimum of five years in prison and a $5,000 fine. Physicians who save the life of a woman by performing an abortion will not be charged with a crime as long as they make "reasonable medical efforts" to "preserve both the life of the mother and the life of her unborn child" (Kaiser Daily Women's Health Policy Report, 2/27). Rounds, after signing the bill, said the measure is written to ensure that abortion-related laws will stay in effect during any legal challenge that likely might ensue (AP/Wall Street Journal, 3/7). Rounds in a statement also 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," adding, "I agree with them" (New York Times, 3/7). Abortion-rights supporters nationwide are calling the law "blatantly unconstitutional," and the Planned Parenthood Federation of America has pledged to fight the law, whether by filing a federal lawsuit or by introducing a statewide referendum, the New York Times reports. Under South Dakota law, opponents of the ban would need to gather 16,728 signatures by May to add the issue to the statewide ballot in November, delaying enforcement of the law (New York Times, 3/7).

Reaction
Cecile Richards, president of PPFA, in a statement said, "These abortion bans, and the politicians supporting them, are far outside the mainstream of America," adding, "Planned Parenthood will fight these attacks in court, in the state houses, and at the ballot boxes, to ensure that women, with their doctors and families, continue to be able to make personal health care decisions without government interference" (PPFA release, 3/6). According to the Los Angeles Times, Rounds acknowledged that the ban is symbolic because legal challenges likely will prevent it from taking effect. Some abortion-rights opponents -- such as Daniel McConchie, vice president of Americans United for Life -- believe the strategy could backfire. Although a "slim majority" of five Supreme Court justices is in favor of Roe, supporters of the ban hope one of those justices will retire before the case reaches the court. However, "getting a (conservative) justice through the confirmation process will be like World War III," McConchie said (Simon, Los Angeles Times, 3/7). State Rep. Roger Hunt (R), who sponsored the law, said, "[T]his is the right time" for this bill, adding, "Every year that goes by, there are more and more unborn children whose lives are being terminated" (Lawrence, USA Today, 3/7). Rounds on Monday turned down all requests for interviews, the AP/Journal reports (AP/Wall Street Journal, 3/7).

APM's "Marketplace" on Monday reported on the law. Marketplace also reported on another bill Rounds signed on Monday to allow individuals and organizations to donate anonymously to a South Dakota legal fund in anticipation of the abortion ban reaching the Supreme Court. The segment includes comments from Hunt; Kate Looby, director of Planned Parenthood of Minnesota, North Dakota and South Dakota; and Bob Stern, director of the Center for Governmental Studies (Nickisch, "Marketplace," APM, 3/6). The complete segment is available online in RealPlayer.

In addition, NBC's "Nightly News" on Monday reported on Rounds' signing of the law. The segment includes comments from Hunt; Richards; Rounds; and Stephen Wermiel, professor of law at American University (Tibbles, "Nightly News," NBC, 3/6). The complete segment is available online in Windows Media.

For current women's health policy news, visit the National Partnership for Women & Families' website.


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