Is the South Dakota Abortion Ban reaching too far?

Question

Even though the South Dakota Governor signed it into law, there are legal challenges, thus the law isn't enforceable yet, it will likely go to the supreme court (in a few years) before it can be enforced.

Answer 1

The hope of the Pro-life camp in South Dakota (and elsewhere) is that it wll be tied up in court long enough for John Paul Stevens to retire (he is 85), and GWB will pick his replacement (who of course will be Pro-Life) giving the Supreme Court a majority of 5 who will overturn Roe v Wade.



So it isn't a matter of the proponents of the law hoping there will be no legal challenge, quite the contrary: they welcome that legal challenge.

Answer 2

What i do not realize is this.... Say its outlawed in SD. What occurs in 4 years at the same time as there is new contributors of the SD Congress? Can or not it truly is presented back and struck down? also, women folk in SD can only move to Minnesota and get it achieved there. Narually, its an inconvienence, yet they are no longer going to end many abortions this manner. yet in answer on your question, no. It is only no longer positioned to a public vote, because the established public doesn't vote on legislaion. no matter if or not they did, it ought to nevertheless possibly be made unlawful. Its unhappy, I agree. If abortion continues to be unlawful in SD, you'll be conscious an strengthen in crime prices and an strengthen in welfare and social spending-- 2 issues that "small authorities conservatives" are supposedly antagonistic to.

Answer 3

It's currently unenforceable, given that it's directly counter to a prior Supreme Court ruling.



In this way it's akin to the medical marijuana laws (legally speaking, that is). The state had to pass laws legalizing marijuana for certain purposes before those laws can go to the Supreme Court to test their constitutionality vs. Federal laws that say more or less exactly the opposite.

Answer 4

No. Abortion will become a state's rights issue like the Oregon assisted suicide law is. It should be a state's decision not the judiciary.

Answer 5

uh...YEAH.