Each of these articles insists that a big supreme court battle will ensue after it is signed into law by Gov. Mike Rounds, especially since the bill says doctors who perform abortions in the state of South Dakota could face up to five years in prison.
As much as I would like to see Roe overturned, this bill won’t do it for two main reasons.
First, pro-abortion groups will have the law struck down by the federal district court because the SD law conflicts with federal law which says that abortion restrictions can’t place an “undue burden” on women.
Second, even when South Dakota appeals the ruling striking down the new abortion law, the state’s timing is off. There is still a 5-4 majority on the Supreme Court in favor of Roe. Justices Stevens, Ginsburg, Breyer, Souter, and Kennedy will all vote to strike down the SD law, leaving only Scalia, Thomas, Roberts, and Alito voting to support it. And that’s if this law ever gets to the Supreme Court. There’s a good chance the SCOTUS won’t even agree to hear the case.
I admire South Dakota’s legislature for attempting to wipe such an abhorrent law off the books, but it won’t work just yet. But keep hoping. Justices Stevens or Ginsburg may retire before President Bush’s term is up.
In case you forgot Kim Priestap blogs at Kim Priestap: A Conservative Blog in Flyover Country