I'm not sure of the tactics on this one. This will be struck down very quickly and I doubt it will make it to the Supreme Court. However, if it does make it as far as the Supreme Court I doubt that they will uphold it.
Overall great poilitical point scorer (for the base) but seemingly bad manuver.
I don't get it.
I would like to know...
The timing isn't great. I don't think we have a Supreme Court yet that is ready to overturn Roe.
The danger is that every time you raise the issue and lose, you make it that much more difficult to raise in the future.
Waiting out the retirement of Stevens or Ginsburg would have increased the chances of success.
The Supreme Court tends to nibble away at previous decisions until the original decision can no longer be supported by the more recent "tests" the Court has embraced. This is a full-scale frontal assault on abortion and will be struck down, in my opinion. That won't represent progress. It will further cement abortion as entrenched constitutional law.
Bump
I'm heartened to see various states doing things like this to rock the boat a little bit. Not only on the issue of abortion, but on altering State Constitutions on defending traditional marriage and property rights issues, etc.
This particular abortion ban won't go anywhere, but to me it shows a turning tide. States REALLY need to stand up for themselves these days. The Feds strip us of our state rights at an alarming pace, IMHO.
Sad thing is that this new law will not prevent even one abortion in South Dakota and will quickly be thrown out of the courts leaving South Dakota tax payers nothing but a large legal bill. This is pure politicl grandstanding and the Governor should have had the courage to veto this bill as being ineffective.
And is there not a certain amount of hypocrisy needed to make exceptions for rape and incest?
No baby murder!
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Why the drop after 1960? (in deaths of women from illegal abortions)
The reasons were new and better antibiotics, better surgery and the establishment of intensive care units in hospitals. This was in the face of a rising population. Between 1967 and 1970 sixteen states legalized abortion. In most it was limited, only for rape, incest and severe fetal handicap (life of mother was legal in all states). There were two big exceptions California in 1967, and New York in 1970 allowed abortion on demand. Now look at the chart carefully.
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Abortion Statistics - Decision to Have an Abortion (U.S.)
· 25.5% of women deciding to have an abortion want to postpone childbearing
· 21.3% of women cannot afford a baby
· 14.1% of women have a relationship issue or their partner does not want a child
· 12.2% of women are too young (their parents or others object to the pregnancy)
· 10.8% of women feel a child will disrupt their education or career
· 7.9% of women want no (more) children
· 3.3% of women have an abortion due to a risk to fetal health
2.8% of women have an abortion due to a risk to maternal health
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So how many womens lives have been saved by abortion?
Only about 3% of abortions since 1972 were reported to be due to a risk to maternal health. A reasonable person would recognize that not all of those cases represent a lethal risk. But lets say they did. That means that nearly 45 million fetuses were butchered to save the lives of about 1.3 million women. Or put another way; 35 babies are killed to save each woman.
Abortion was legal in all 50 states prior to Roe v. Wade in cases of danger to the life of the woman.
Roe v Wade: FULL Text (The Decision that wiped out an entire Generation 33 years ago today)
But its a start!
I appreciate what SD is trying to do but it was horribly timed. Without another "conservative" vote on the Court (and assuming CJ Roberts will vote the way we want him to), SD's plan will fail. The Supreme Court will strike down the law based on Roe & it's progeny. Then, when (if) we get another seat on the Court, the liberals will have yet another (and more importantly, a RECENT) affirmation of Roe & Casey...Bad for us because almost all of the justices believe in stare decisis (following precedent). We don't need another jewel in the crown of "abortion rights" and more stones for the libs in the Senate to throw at a conservative nominee (and another case name for Specter to add to his infamous abortion board in confirmation hearings).
However, I suppose the Court could deny cert but it only take 5 votes on the Court to grant cert to hear a case and there are 5 libs on the Court right now who are itching for ANOTHER chance to affirm "abortion rights." Nice try, South Dakota, but not very good "strategery."
Hardly any clue as to what this woman's bias is, eh?