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S.Dakota Approves Abortion Ban


KipWellsFan

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The South Dakota House has passed a bill that would nearly ban all abortions in the state, ushering the issue to the state Senate.

 

Supporters are pushing the measure in hopes of drawing a legal challenge that will cause the US Supreme Court to reverse its 1973 decision legalizing abortion.

 

The bill banning all abortions in South Dakota was passed 47-to-22 in the House.

 

Amendments aimed at carving out exemptions for rape, incest and the health of women were rejected.

 

The bill does contain a loophole that allows abortions if women are in danger of dying. Doctors who do those abortions could not be prosecuted.

http://www.keloland.com/NewsDetail2817.cfm?Id=0,45916

 

So where do they go from here? Do the courts have to approve first?

Edited by KipWellsFan
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QUOTE(KipWellsFan @ Feb 10, 2006 -> 11:10 AM)
http://www.keloland.com/NewsDetail2817.cfm?Id=0,45916

 

So where do they go from here?  Do the courts have to approve first?

 

The courts have no role in making a law. What happens is someone sues after this becomes law, and then the courts rule on its legality.

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Well now maybe South Dakota and Kansas can start their own nation where they can be equally idiotic.

 

The bill does contain a loophole that allows abortions if women are in danger of dying.

 

I wonder if there is also a loophole for being raped and impregnated, but I don't want to give South Dakota the benefit of the doubt.

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QUOTE(Cerbaho-WG @ Feb 10, 2006 -> 11:21 AM)
Well now maybe South Dakota and Kansas can start their own nation where they can be equally idiotic.

I wonder if there is also a loophole for being raped and impregnated, but I don't want to give South Dakota the benefit of the doubt.

 

Read the line right above the one you quoted... the amendments were voted down.

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QUOTE(southsider2k5 @ Feb 10, 2006 -> 11:25 AM)
Read the line right above the one you quoted... the amendments were voted down.

 

Yeah that's kinda scary. The Supreme Court will reject this law if it comes before them, but I can't imagine why abortions would be illegal in cases of rape or incest.

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QUOTE(KipWellsFan @ Feb 10, 2006 -> 09:46 AM)
So abortion immediately becomes illegal?

The way it has worked thus far in most places is states put these laws on the books that are directly in contravention of Roe v. Wade so that the moment that case is overturned, abortion immediately becomes illegal in the state.

 

Of course, since there's only 1 abortion provider in the entire state of South Dakota, and none of the doctors there actually live in the state (they all fly in), all this will do is make it a longer drive for the women involved if it ever is able to be enforced.

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QUOTE(KipWellsFan @ Feb 10, 2006 -> 12:46 PM)
So abortion immediately becomes illegal?

 

The governor has to sign it, and then it become effective whenever they dated it to start... Most likely someone will file a lawsuit immediately and it the law will be stayed by the courts while they start the fight over its legality. I would guess it never even happens before they put a freeze on it.

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QUOTE(RockRaines @ Feb 10, 2006 -> 09:52 AM)
I dont understand why they feel the need to pass this law, when it will undoubtedly be overturned.

Because it actually will probably never go to court, the stay will be issued and it will sit there until Roe v. Wade is overturned, at which point they'll try to get the stay lifted.

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I think the law is solid. I know the many of the southern states considering a law that limits abortions and outlaws gay marriage. But unfortunately the Supreme Court will not allow laws like this to stand

Edited by minors
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QUOTE(minors @ Feb 10, 2006 -> 11:28 PM)
I think the law is solid.  There are loopholes for rape and so on,  I know the many of the southern states considering a law that limits abortions and outlaws gay marriage.  But unfortunately the Supreme Court will not allow laws like this to stand

 

 

Except it said in the first post that amendments pertaining to rape and incest and so on were rejected.

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QUOTE(minors @ Feb 11, 2006 -> 12:28 AM)
I think the law is solid. I know the many of the southern states considering a law that limits abortions and outlaws gay marriage.  But unfortunately the Supreme Court will not allow laws like this to stand

 

There have been lots of laws limiting abortion that have been allowed to stand. DOMA has been allowed to stand too. Only when laws conflict with a state or federal constitution and with someone's rights are they usually overturned.

 

And now for your entertainment pages of Republicans saying that liberals that run the courts don't let that happen followed by pages of Democrats saying that this is wrong and that the most activist judges are Republican and blah blah blah blah.

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