Gov. Rounds Signs Bill Banning Most S.D. Abortions
Monday, March 06, 2006
Two Federal Courts Rule Partial Birth Abortion Ban Unconstitutional
SIOUX FALLS, S.D. — Gov. Mike Rounds signed legislation Monday banning nearly all abortions in South Dakota, setting up a court fight aimed at challenging the 1973 U.S. Supreme Court decision that legalized abortion.
The bill would make it a crime for doctors to perform an abortion unless the procedure was necessary to save the woman’s life. It would make no exception for cases of rape or incest.
Planned Parenthood, which operates the state’s only abortion clinic, in Sioux Falls, has pledged to challenge the measure in court.
Rounds issued a written statement saying he expects the law will be tied up in court for years and will not take effect unless the U.S. Supreme Court upholds it.
“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. 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 with them,” Rounds said in the statement.
The governor declined all media requests for interviews Monday.
The Legislature passed the bill last month after supporters argued that the recent appointment of conservative justices John Roberts and Samuel Alito have made the U.S. Supreme Court more likely to overturn Roe v. Wade.
South Dakota’s abortion ban is to take effect July 1, but a federal judge is likely to suspend it during a legal challenge.
Rounds has said abortion opponents already are offering money to help the state pay legal bills for the anticipated court challenge. Lawmakers said an anonymous donor has pledged $1 million to defend the ban, and the Legislature set up a special account to accept donations for legal fees.
Under the new law, doctors could get up to five years in prison for performing an illegal abortion.
Rounds previously issued a technical veto of a similar bill passed two years ago because it would have wiped out all existing restrictions on abortion while the bill was tied up for years in a court challenge.
The statement he issued Monday noted that this year’s bill was written to make sure existing restrictions will be enforced during the legal battle. Current state law sets increasingly stringent restrictions on abortions as pregnancy progresses. After the 24th week, the procedure is allowed only to protect the woman’s health and safety.
About 800 abortions are performed each year in South Dakota. Planned Parenthood has said other women cross state lines to reach clinics.
Mississippi governor backs abortion ban
07:32 PM CST on Wednesday, March 1, 2006
Associated Press
JACKSON, Miss. – Gov. Haley Barbour said Wednesday that he would probably sign a bill under consideration in the state House that would ban most abortions in Mississippi.
The measure, which passed the House Public Health Committee on Tuesday, would allow abortion only to save a woman’s life. It would make no exception in cases of rape or incest.
Mr. Barbour, a Republican, said he preferred an exception in cases of rape and incest, but if such a bill came to his desk: “I suspect I’ll sign it.”
The full House could vote on the bill next week, and it would then go to the Senate.
South Dakota lawmakers passed a similar bill last week that was intended to provoke a legal showdown over Roe vs. Wade, the 1973 Supreme Court ruling establishing the right to an abortion.
The South Dakota measure is awaiting Republican Gov. Mike Rounds’ signature. He has said he is inclined to sign it.
Text of the Bill
South Dakota Women’s Health and Human Life Protection Act (HB 1215) Signed into Law by South Dakota Gov. Mike Rounds - March 6, 2006
AN ACT
ENTITLED, An Act to establish certain legislative findings, to reinstate the prohibition against certain acts causing the termination of an unborn human life, to prescribe a penalty therefor, and to provide for the implementation of such provisions under certain circumstances.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The Legislature accepts and concurs with the conclusion of the South Dakota Task Force to Study Abortion, based upon written materials, scientific studies, and testimony of witnesses presented to the task force, that life begins at the time of conception, a conclusion confirmed by scientific advances since the 1973 decision of Roe v. Wade, including the fact that each human being is totally unique immediately at fertilization. Moreover, the Legislature finds, based upon the conclusions of the South Dakota Task Force to Study Abortion, and in recognition of the technological advances and medical experience and body of knowledge about abortions produced and made available since the 1973 decision of Roe v. Wade, that to fully protect the rights, interests, and health of the pregnant mother, the rights, interest, and life of her unborn child, and the mother’s fundamental natural intrinsic right to a relationship with her child, abortions in South Dakota should be prohibited. Moreover, the Legislature finds that the guarantee of due process of law under the Constitution of South Dakota applies equally to born and unborn human beings, and that under the Constitution of South Dakota, a pregnant mother and her unborn child, each possess a natural and inalienable right to life.
Section 2. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:
No person may knowingly administer to, prescribe for, or procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being. No person may knowingly use or employ any instrument or procedure upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being.
Any violation of this section is a Class 5 felony.
Section 3. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:
Nothing in section 2 of this Act may be construed to prohibit the sale, use, prescription, or administration of a contraceptive measure, drug or chemical, if it is administered prior to the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure is sold, used, prescribed, or administered in accordance with manufacturer instructions.
Section 4. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:
No licensed physician who performs a medical procedure designed or intended to prevent the death of a pregnant mother is guilty of violating section 2 of this Act. However, the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with conventional medical practice.
Medical treatment provided to the mother by a licensed physician which results in the accidental or unintentional injury or death to the unborn child is not a violation of this statute.
Nothing in this Act may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty.
Section 5. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:
Terms used in this Act mean:
1. “Pregnant,” the human female reproductive condition, of having a living unborn human being within her body throughout the entire embryonic and fetal ages of the unborn child from fertilization to full gestation and child birth;
2. “Unborn human being,” an individual living member of the species, homo sapiens, throughout the entire embryonic and fetal ages of the unborn child from fertilization to full gestation and childbirth;
3. “Fertilization,” that point in time when a male human sperm penetrates the zona pellucida of a female human ovum.
Section 6. That § 34-23A-2 be repealed.
Section 7. That § 34-23A-3 be repealed.
Section 8. That § 34-23A-4 be repealed.
Section 9. That § 34-23A-5 be repealed.
Section 10. If any court of law enjoins, suspends, or delays the implementation of a provision of this Act, the provisions of sections 6 to 9, inclusive, of this Act are similarly enjoined, suspended, or delayed during such injunction, suspension, or delayed implementation.
Section 11. If any court of law finds any provision of this Act to be unconstitutional, the other provisions of this Act are severable. If any court of law finds the provisions of this Act to be entirely or substantially unconstitutional, the provisions of § § 34-23A-2, 34-23A-3, 34-23A-4, and 34-23A-5, as of June 30, 2006, are immediately reeffective.
Section 12. This Act shall be known, and may be cited, as the Women’s Health and Human Life Protection Act. An Act to establish certain legislative findings, to reinstate the prohibition against certain acts causing the termination of an unborn human life, to prescribe a penalty therefor, and to provide for the implementation of such provisions under certain circumstances.
Source: South Dakota Legislature
March 8th, 2006 at 12:24 pm
Hi Moof, I read a post by Dr. Flea titled ‘When the Kids Leave Home and the Dog Dies’ today. It inspired me to write a post on my new blog. My post is based on what I read in his post and in yours which I found following the links in the comments. Check it out if you want a different perspective on the abortion issue. As a new blogger I would welcome any comments.
March 8th, 2006 at 1:02 pm
Thank you Scan Man. On my way now.