Reproductive Rights Prof Blog

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CUNY School of Law

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Sunday, July 20, 2008

South Dakota Abortion Propaganda Law Takes Effect

Wash. Post: Ruling Gives South Dakota Doctors a Script to Read, by Peter Slevin:

CHICAGO -- In a victory for antiabortion forces, doctors in South Dakota are now required to tell a woman seeking an abortion that the procedure "will terminate the life of a whole, separate, unique living human being."

The U.S. Court of Appeals for the 8th Circuit last week lifted a preliminary injunction that prevented the language from taking effect. A spokesman for Planned Parenthood, which runs the state's only abortion clinic, said doctors will begin reciting the script to patients as early as this week.

On another front, South Dakota voters will be asked in a Nov. 4 referendum to consider broad limits on abortion for the second time since 2006. The ballot measure includes exceptions for rape, incest and the woman's health that were not part of the 2006 wording rejected by voters.

Antiabortion forces in South Dakota have been trying for years to halt the procedure and to build a winnable challenge to Roe v. Wade, the 1973 Supreme Court decision legalizing abortion nationwide....

Nan Hunter (Hunter of Justice) writes:

The measure on the SD ballot in November, Initiative 2-7, would ban all abortions except for those:

  • in which the pregnancy results from rape or incest, provided the abortion occurs prior to the end of the 20th week gestation and the physician reports the rape or incest to law enforcement, identifying the woman and the perpetrator if possible; or
  • where the abortion “is necessary to avert the death of the pregnant woman”; or
  • where the abortion “is necessary because there is a serious risk of a substantial and irreversible impairment of the functioning of a major bodily organ or system of the pregnant woman should the pregnancy be continued.”
  • This initiative is the second attempt by anti-choice forces in the state, where voters in 2006 rejected a proposal to ban abortions with no health, rape or incest exceptions.The strategy behind the new proposal is laid out in a chilling memo from anti-choice strategists  as the best way to overturn Roe and Casey. The key to their approach is grounding the initiative in a "legitimate exercise of the State's power to prohibit abortion in order to protect, not just the life of the unborn child, but the interests, rights and health of their pregnant mothers." (p. 8) In other words, to protect women from the "severe depression and loss of esteem [that] can follow" an abortion, as the Supreme Court declared in Gonzalez v. Carhart, 127 S. Ct at 1634.

    This new "woman protective abortion amendment" strategy, to use Reva Siegel's phrase, is where the anti-choice movement is heading, and the SD vote in November is the tip of the spear. Reva has an article forthcoming in Duke Law Journal  tracing the political history of the strategy, from pregnancy "counseling centers" to government reports to legislation.

    If the SD initiative passes, we will see similar laws pop up around the country.  And four years from now, give or take, we may see five Justices of the Supreme Court uphold it.

    http://lawprofessors.typepad.com/reproductive_rights/2008/07/south-dakota-ab.html

    Abortion Bans, Gonzales v. Carhart, Mandatory Delay/Biased Information Laws, State and Local News | Permalink

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    Comments

    This might help you understand South Dakota:

    State Sen. Bill Napoli, R-Rapid City, South Dakota was on “The NewsHour with Jim Lehrer” (March, 2006).

    Napoli’s “scenario” that would allow for abortions after rape or incest:

    “A real-life description to me would be a rape victim, brutally raped, savaged. The girl was a virgin. She was religious. She planned on saving her virginity until she was married. She was brutalized and raped, sodomized as bad as you can possibly make it, and is impregnated. I mean, that girl could be so messed up, physically and psychologically, that carrying that child could very well threaten her life.”

    Posted by: Was she a religious virgin? | Jul 20, 2008 10:04:11 PM

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