Battlefield South Dakota

Red state South Dakota, home of pro-abortion FORMER Dem Senator Tom Daschle, has initiated a battle that may be not be settled until it gets to the Supreme Court.

From the Los Angeles Times:

South Dakota legislators today gave final approval for a ban on almost all abortions, firing a burst in the battle over one of the nation's most contentious political issues and a shot that backers hope will be heard by a more conservative U.S. Supreme Court.

The state House today passed the latest version of the bill 50 to 18, sending it on to Gov. Mike Rounds, who indicated that he would likely sign the bill.

Under the law, which would go into effect July 1, most abortions would be illegal and doctors could get up to five years in prison for performing an illegal abortion.


When you break a law, there is a penalty. If abortion is illegal in South Dakota, someone performing the procedure would deserve a punishment.

Are we supposed to be horrified at the thought of a doctor going to prison?

"I've indicated I'm pro life and I do believe abortion is wrong and that we should do everything we can to save lives," Rounds told the Associated Press. "If this bill accomplishes that, then I am inclined to sign the bill into law."

By signing the bill, the governor would be doing what his constituents expect him to do. He's not an out of the mainstream nutcase.

Rounds is South Dakota mainstream, whether the liberal elite like it or not.


The South Dakota law is an attack on Roe vs. Wade, the 1973 decision by the Supreme Court that established a women's right to an abortion.

I love the way the reporter, Michael Muskal, says that the Supreme Court "established a women's right to an abortion."

That's also known as creating law, legislating from the bench.

Something that really bugs me is the libs' hypocrisy about this.

I have never heard a single lib accuse the judicial branch of destroying the checks and balances in American government. Why don't the libs claim that the judiciary is engaged in an abuse of power?

One of the Dems' favorite talking points is that the Bush Administration has shredded the Constitution, and King George has usurped power.

Since the judicial branch has been the Dems' only hope of realizing their agenda, I'm sure it's troublsome for them to accept eight years of Bush appointments and nominees. Too bad.

No doubt the Dems will be beside themselves if the new Supreme Court does proceed to actually interpret the Constitution and base its decisions on the law, rather than making law and acting as legislators.

...Passage of the South Dakota bill, which had been widely expected, was attacked by NARAL Pro-Choice America, a leading abortion rights groups.

"This bill contains an inadequate exception to protect a woman's life and no other exceptions — not for rape, not for incest, not even to protect the woman's health," President Nancy Keenan said in a statement on the group's website. "Clearly emboldened by President Bush's judicial appointments, South Dakota has passed dangerous and unconstitutional legislation that its supporters admit is a direct attack on Roe v. Wade."

Keenan lies.

The bill CLEARLY allows for the protection of the mother's life.

Text

Section 4. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

No licensed physician who performs a medical procedure designed or intended to prevent the death of a pregnant mother is guilty of violating section 2 of this Act. However, the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with conventional medical practice.

Medical treatment provided to the mother by a licensed physician which results in the accidental or unintentional injury or death to the unborn child is not a violation of this statute.

Nothing in this Act may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty.

Of course, the South Dakota legislature was emboldened to challenge the constitutionality of Roe v. Wade. The state's right to pass its own laws regarding abortion has been blocked since 1973, and now there are constructionists on the Court.

For the first time since Roe v. Wade served to overturn abortion laws that states had in place, there's a chance that the Court may actually look at the legality of that ruling.

The libs have said that Bush is abusing his powers, packing the court with ideologues. Chuck Schumer and Patrick Leahy both specifically accused him of "packing the court."

That was and is so lame.

The American people elected Bush with the expectation that he would appoint constructionists. He kept his campaign promise. That's not a power grab; that's a president carrying out the will of the people.

When libs and unrestricted abortion on demand proponents whine about the current Court, they fail to recognize that the people elected Bush. He has exercised the authority granted to him by the Constitution.

There's nothing corrupt about that. It's democracy.

According to the state motto of South Dakota, "Under God the people rule."

Yes, they do.