Roe to go?

"In my opinion, it is the time for this South Dakota Legislature to deal with this issue and protect the rights and lives of unborn children," stated Democratic State Senator Julie Bartling, a cosponsor of legislation that would ban nearly all abortions. The bill passed the state Senate by a vote of 23-12, with proponents rejecting attempts by Republican senators to amend the measure to add exceptions for the case of rape and to protect maternal "health" (which in practice can justify practically any abortion under any circumstances).

The bill, which must now be reconciled with a different version passed by the state House of Representatives, is "largely drawn from the findings of the recent South Dakota abortion task force, [and] is meant to encourage the US Supreme Court to reconsider the 1973 Roe v. Wade decision that legalized abortion in the United States," observed the February 22 Sioux Falls Argus Leader. The bill classifies abortion as a felony, and carries a penalty of up to five years in prison for those who perform them, except when necessary to save the life of the mother.

Mike Rounds, the state's Republican governor, has indicated that he will sign the measure. Planned Parenthood, which operates the state's sole abortuary, has promised to file suit, setting up an anticipated Supreme Court challenge. Many pro-life activists believe that the High Court balance has shifted against Roe with the appointment of Chief Justice John Roberts and Associate Justice Samuel Alito. However, during Senate confirmation hearings both Roberts and Alito repeatedly insisted that they regard Roe to be settled law. Additionally, President Bush told ABC News on February 28 that he considers the South Dakota law to be too narrow since he supports exceptions for rape, incest, and to protect maternal "health."

Whatever happens in South Dakota, the rebellion against the unconstitutional Roe decision will continue--and expand. "Legislatures in Georgia, Ohio, South Carolina, Tennessee, and Indiana all have measures before them that would heavily restrict abortions," lamented the reliably pro-abortion Boston Globe.