South Dakota Set To Ban All Abortions

In anticipation of a Supreme Court challenge.

SIOUX FALLS, South Dakota (Reuters) – 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.

…In 1992, the Supreme Court reaffirmed the right to abortion in Planned Parenthood v. Casey, the last direct challenge to Roe v. Wade.

The South Dakota law concludes that life begins at conception based on medical advances over the past three decades.That leads liberal blogger Aspazia to make this absurd leap in logic in the title of her post on the topic at Majikthise…

Anti-Abortion Judicial Activism Alert

While the intent may be to challenge a judicial precedent, this is (like it or not) a state legislative action completely within the purview of the elected officials of the state of South Dakota. They don’t call them lawmakers for nothing. These state lawmakers are accountable (with regularity) to the electorate, whereas judges who legislate from the bench (something liberals tend not to have a problem with) answer to no one. This law will be subject to state judicial review, and likely federal review. If the law if found unconstitutional, it will be struck down.

What’s so ironic about the predictable reaction is that it puts those opposed to states legislating on abortion in the position of supporting this paradoxically backward proposition (especially in light of recent same sex marriage rulings):

Legislators legislating = bad
Judges legislating = good

That definitely a position between a rock and a hard place…

Watch for more expressions of outrage that state legislatures (others are considering similar measures) are voting on legislation and more pining for the days when laws were made the old fashion way – by judges.

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