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Wednesday, February 22, 2006
South Dakota Throws Down Gauntlet on Roe
By Dr. Steven Taylor @ 9:08 pm

Via Reuters S. Dakota legislature passes abortion ban

South Dakota became the first U.S. state to pass a law banning abortion in virtually all cases, with the intention of forcing the Supreme Court to reconsider its 1973 decision legalizing the procedure.

The law, which would punish doctors who perform the operation with a five-year prison term and a $5,000 fine, awaits the signature of Republican Gov. Michael Rounds and people on both sides of the issue say he is unlikely to veto it.

[…]

State legislatures in Ohio, Indiana, Georgia, Tennessee and Kentucky also have introduced similar measures this year, but South Dakota’s legislative calendar means its law is likely to be enacted first.

Most interesting.

Regardless of one’s position on the topic, this is some high drama, high stakes politics. Indeed, it is surprising that no state has attempted this process before.

Of course, just because the law is passed and then is challenged in federal court doesn’t mean that it will ever get beyond the Circuit Court level.

Filed under: Abortion, Courts/the Judiciary | |Send TrackBack

2 Comments »

  1. Don’t know how to do a track back, but I hat tipped you for this article…

    Comment by Clint — Thursday, February 23, 2006 @ 12:02 am

  2. Why would anyone think the Supreme Court would even hear the case?

    Seems to me like a express lane to a denial of cert (i.e., after the Circuit Court upholds the District Court that will rule it unconstitutional).

    Comment by KipEsquire — Thursday, February 23, 2006 @ 8:58 am

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