Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

South Dakota's monkey wrench (William F. Buckley)
Townhall.com ^ | 3/7/06 | William F. Buckley

Posted on 03/08/2006 6:19:34 AM PST by blitzgig

There is furtive glee in the eyes of such as Nancy Keenan, president of NARAL Pro-Choice America. The reason for it is that she calculates that the effrontery of South Dakota's legislature will bring on massive retaliation by the Supreme Court.

Chinese vigilantes rejoiced a few weeks ago when a group of dissenters published a call for diminished censorship. They were confident about what would happen, and it did: Beijing brought on reinvigorated party-line censorship. Ms. Keenan and some of her followers in NARAL Pro-Choice America figure that what South Dakota has done will compel the Supreme Court to act -- and perhaps in such a way as to smash the little signs of life in the pro-life moment which, in South Dakota, gave rise to regicidal inclinations.

The governor of South Dakota, Michael Rounds, signed a bill that would outlaw the practice of abortion except in certain extreme cases. In signing, he said things which, a generation ago, would have been thought too routine to notice, let alone pause over, but today are fighting words. "The true test of a civilization," he said, "is how well people treat the most vulnerable and most helpless in their society. The sponsors and supporters of this bill believe that abortion is wrong because unborn children are the most vulnerable and most helpless persons in our society. I agree with them."

Jumping Jupiter!

Here in three sentences the governor of South Dakota tramples on the neck of cherished modern icons. To begin with, he refers to a fetus as a "child." He refers to "unborn children" as "helpless." Again, they are "persons." And he invokes the heart of civilized society to give them succor.

Mike Rounds was a college student on the sacred holy day of the abortionists in 1973 when Roe v. Wade was pronounced by the Supreme Court. He was the oldest child in his family; 10 siblings would come along. The bill outlawing abortion restores to South Dakota a ban that until 1973 had been the law in almost every state of the union. Rounds was only 18 years old when the Supreme Court excogitated the proposition that the Constitution conferred on everybody the right to eliminate an unborn child.

In the years since then, various states and various jurisdictions have sought to refine the right to abort. The South Dakota law could be the springboard to the direct reversal of Roe. But it is thought by many abortion supporters that this totalist challenge, posed by South Dakota, will necessarily be met by a totalist re-endorsement of Roe by the Supreme Court.

Now everybody concedes that all this will take a few years. Nobody managing an abortion clinic in South Dakota is about to shut it down. There will be injunctions sought against the new law's enforcement. Both sides have promised to bring money, as required, to mobilize every legal thought, afterthought and presumptive thought, arguing in conflicting directions.

The choicers count five members of the Supreme Court who are publicly committed in favor of Roe v. Wade. They have this fear, that a sitting member of the court will retire in the period immediately ahead, when the incumbent president is still there to nominate a successor. That would mean five votes, counting Roberts and Alito as dormant dissenters from Roe v. Wade, who would, in the nightmare scenario, renounce the 1973 decision as forcefully as the court, in Brown v. Board of Education in 1954, renounced the segregation authorized by Plessy v. Ferguson in 1896.

But assume that before the Supreme Court acts, injunctions against the new law fail. Assume, then, that there would be a period in which, in South Dakota, women could not get an abortion. What would they do? Well, of course, there is the alternative that they could bear the child whose life they had brought on. But if that alternative were excluded, what then?

Someone seeking relief could go north to North Dakota, or south to Nebraska. Or east to Minnesota, or west to Wyoming. We are talking about bus rides.

And of course so would it be if Roe were reversed. It is inconceivable that all the states of the union would imitate South Dakota. To demonstrate just how progressive is its vision, the state of Connecticut voted contingently some years ago, that if ever abortion were proscribed elsewhere, pilgrims would be welcome in Connecticut, where abortion rights would be faithfully observed.

We are very much driven, in modern days, by the democratic imperative. Well, the people of South Dakota have expressed themselves on a political question, resolving that unborn life is life notwithstanding. And they hold high what they deem, in their governor's words, their dedication to stand by "the most vulnerable and most helpless persons in our society."


TOPICS: Editorial
KEYWORDS: abortion; prolife; southdakota; williamfbuckley
Navigation: use the links below to view more comments.
first previous 1-2021-4041-44 next last

.


21 posted on 03/08/2006 7:13:17 AM PST by firewalk
[ Post Reply | Private Reply | To 1 | View Replies]

To: harpu

I could have put it less bluntly, but he already tried to cram Miers down our throats, I have no confidence he will appoint another conservative. He doesn't make it easy for us, the great unwashed base.


22 posted on 03/08/2006 7:13:22 AM PST by Flavius Josephus (The only good muslim is a bad muslim)
[ Post Reply | Private Reply | To 19 | View Replies]

To: Ace of Spades
Governor Rounds is rather popular here in SD. The only announced Democrat challenger to him recently dropped out of the race citing an inability to raise money.

I believe it was only last year when Governor Rounds caught heat when he vetoed a similar bill because he was concerned about some of the language and defensibility. I think that he is confident in this one and that he expects it to survive legal challenge.

I've never before given money to a specifically Pro-Life organization but that may be changing. I've already recieved two different organizations solicitations (one pre-signing stressing the need to prepare for the "impending court costs", the other post-signing for "campaign support"). There is some speculation that the Pro-Aborts will try to make this a ballot initiative. I don't know how successful they would be with it but can safely assume that considerable out-of-state money will flow in to promote it.
23 posted on 03/08/2006 7:41:51 AM PST by philled
[ Post Reply | Private Reply | To 14 | View Replies]

To: blitzgig
The real issue is that the Founders intended that states would compete with each other in order to attract people who would move to the area.

Thus you could have a hippy-dippy San Freakcisco and a very conservative SD or VA, and people would move according to where they wanted to be.

The over-reaching, one-size-fits-all Federal "solutions" that we see imposed by the SCOTUS and Congress have largely taken away this competition.

24 posted on 03/08/2006 7:45:45 AM PST by ikka
[ Post Reply | Private Reply | To 1 | View Replies]

To: Brilliant

I know that the immediate outcome of this particular statute is unpredictable, but I still see that it's a start in the right direction. I think that those who support the protection of innocent life have not only the moral high ground, but also current science, on our side. The push to overturn Roe will not end if this law is struck down because as the Court is returned to the "original intent" of the Founders, other states' legislatures will likely introduce and pass similar laws.

Personally, I also have a respect and affection for those who are willing to do the right thing, even if the conventional wisdom is that they will not succeed.


25 posted on 03/08/2006 7:48:04 AM PST by Emmett McCarthy
[ Post Reply | Private Reply | To 18 | View Replies]

To: Flavius Josephus
"...but he already tried to cram Miers down our throats,"

Candidly, believing-in Bush & his handlers [Rove & Hughes], I think DC got major dose of "rope 'a dope"...Bush doesn't do much without 'purpose'!

26 posted on 03/08/2006 7:54:39 AM PST by harpu ( "...it's better to be hated for who you are than loved for someone you're not!")
[ Post Reply | Private Reply | To 22 | View Replies]

To: blitzgig
It is inconceivable that all the states of the union would imitate South Dakota.

True. California, New York, Massachusetts et al will never, ever, outlaw abortion.

Women in those states (or women who travel to them) will continue to be able to kill an unborn child for any reason, at any stage of pregnancy, as they do now legally.

Yet I heard a NARAL witch on the radio yesterday claim that "If South Dakota can outlaw abortion, then all the states will."

At least the Left is having to come up with new lies to replace the old.

27 posted on 03/08/2006 7:54:40 AM PST by shhrubbery! (Max Boot: Joe Wilson has sold more whoppers than Burger King)
[ Post Reply | Private Reply | To 1 | View Replies]

To: blitzgig

What's the deal with an injunction? Anyone know the likely scenario?


28 posted on 03/08/2006 7:56:16 AM PST by Aquinasfan (Isaiah 22:22, Rev 3:7, Mat 16:19)
[ Post Reply | Private Reply | To 1 | View Replies]

To: starfish923
No need to wait. See excogitate online.
29 posted on 03/08/2006 8:03:33 AM PST by AustinBill (consequence is what makes our choices real)
[ Post Reply | Private Reply | To 6 | View Replies]

Comment #30 Removed by Moderator

To: blitzgig

The elites at National Review ought to get in touch with their mentor. Seems he's not in tune with their latest "wisdom" on the front page.

For my part I don't care how tthis plays out at the Supremes in the short term. What I care about is that legislatures are forcing pressure on the Courts, and attempting to take back their Constitutional roles. As is proper.

Eventually R v W is going to fall, the only question is how many more times the Supremes will stand as a roadblock before accepting that reality...and will the legislatures and Governor eventually just tell the Court to try to enforce R v W....with their non-existant standing army.


31 posted on 03/08/2006 8:18:18 AM PST by Soul Seeker (Rush on the MSM: drive-by shooters)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bobbdobbs
Since the state law clearly violates the current Supreme Court position on the matter, this law will never be enforced. It will be struck down in the appeals court and it will not be accepted in the Supreme Court, which will let the appeals court decision stand, since it covers no new ground that hasn't already been decided.

Well, I hope not, anyway. Of course, the governor and legislature have the moral duty, if not the duty under the state constitution, to enforce the law. May the appeals process drag on so that lives may be saved.

32 posted on 03/08/2006 8:45:09 AM PST by Aquinasfan (Isaiah 22:22, Rev 3:7, Mat 16:19)
[ Post Reply | Private Reply | To 30 | View Replies]

To: Soul Seeker
For my part I don't care how tthis plays out at the Supremes in the short term. What I care about is that legislatures are forcing pressure on the Courts, and attempting to take back their Constitutional roles. As is proper.

Yes. Let's take a page from the tactics of the Left, such as the pushing of homosexual "marriage" at the state level. Incrementalism in the effort to protect innnocent life is no vice.

33 posted on 03/08/2006 8:48:30 AM PST by Aquinasfan (Isaiah 22:22, Rev 3:7, Mat 16:19)
[ Post Reply | Private Reply | To 31 | View Replies]

To: Aquinasfan

Except that in the instance of homosexual marriage, they have forced the issue wrongly through dictate of the courts. Legislatures have every right to take this role.


34 posted on 03/08/2006 8:57:35 AM PST by Soul Seeker (Rush on the MSM: drive-by shooters)
[ Post Reply | Private Reply | To 33 | View Replies]

To: shhrubbery!

I wonder how the future will look if there are states where it's quickly illegal, and states where it never will be.

If it's "reproductive freedom" is it really acceptable that a woman has rights in one state and not in another?

If it's "murder", is it really acceptable that one can step over a state line and commit it with impunity?


35 posted on 03/08/2006 9:00:41 AM PST by linda_22003
[ Post Reply | Private Reply | To 27 | View Replies]

To: Soul Seeker
>>>>>For my part I don't care how tthis plays out at the Supremes in the short term. What I care about is that legislatures are forcing pressure on the Courts, and attempting to take back their Constitutional roles. As is proper.

You are exactly right. Under the proper understanding of the Constitution, states have the right to proscribe abortion, and South Dakota is to be applauded for exercising this right without waiting for approval from the Supreme Court or the Beltway types who favor an incremental strategy that has achieved virtually nothing in 30 years. God Bless South Dakota!

36 posted on 03/08/2006 11:52:48 AM PST by Thorin ("I won't be reconstructed, and I do not give a damn.")
[ Post Reply | Private Reply | To 31 | View Replies]

To: Tuscaloosa Goldfinch
I missed that one. I've never seen this one either: regicidal

I noted that too in post #8.

37 posted on 03/10/2006 7:46:57 AM PST by starfish923 (Socrates: It's never right to do wrong.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Austin Willard Wright
Do you think that the folks in the Bush administration believes in democracy in Hamastan? If so, they need their heads examined.

There are only two types of people who think the Hamas election idicates a failure of Bush's policy of promoting democracy in the Middle East:

1. People who have a prejudice against the president anyway.

2. People who are dumb enough to think of Fatah as anything more legitimate than Hamas Lite.

Also, none of the proposed tactics to deal with the election results reject the decision; they merely bring the deserved consequences to the mopes who elected Hamas.

38 posted on 03/13/2006 8:12:24 AM PST by Mr. Silverback (GOP Blend Coffee--"Coffee for Conservative Taste!" Go to www.gopetc.com)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Flavius Josephus
If Bush gets another pick, he may nominate a flaming liberal as payback to his liberal friends.

Actually, I'm betting on Priscilla Owens or Janice Rogers Brown.

39 posted on 03/13/2006 9:38:43 AM PST by Mr. Silverback (GOP Blend Coffee--"Coffee for Conservative Taste!" Go to www.gopetc.com)
[ Post Reply | Private Reply | To 15 | View Replies]

To: starfish923

Yes, regicide... killing the king.... the great Warren Zevon even worked it into a song about Elvis Presley (The King):

"Left behind by the latest trends,
Eating fried chicken with his regicidal friends;
That's how the story ends...."


40 posted on 03/13/2006 9:43:21 AM PST by linda_22003
[ Post Reply | Private Reply | To 37 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-44 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson