Here’s the actual language in the new law that denies women their equal rights:
No person may knowingly administer to, prescribe for, or procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being. No person may knowingly use or employ any instrument or procedure upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being.
Any violation of this section is a Class 5 felony.
So here’s the likely scenario. The lower courts will deem this new law unconstitutional, and that decision will be appealed and it’ll make its way up to the SCOTUS in fairly short order. At that point, it’s go time. Kennedy seems to have taken on the swing vote status on this issue now, and if you believe that Roberts and Alito are in the pocket of the administration on the Roe issue, it’ll go 5-4 in favor of upholding Roe v. Wade. At least that’s one scenario. There are many more and frankly, I don’t want to go into all of them right now.
Here’s more about the story from CNN:
The Legislature passed the bill last month after supporters argued that the recent appointment of conservative justices John Roberts and Samuel Alito have made the Supreme Court more likely to overturn Roe v. Wade.
South Dakota’s abortion ban is to take effect July 1, but a federal judge is likely to suspend it during a legal challenge.
Rounds has said abortion opponents already are offering money to help the state pay legal bills for the anticipated court challenge. Lawmakers said an anonymous donor has pledged $1 million to defend the ban, and the Legislature set up a special account to accept donations for legal fees.
Under the new law, doctors could get up to five years in prison for performing an illegal abortion.
Five years in prison…for helping a woman exercise her freedom over her own body…
What a huge step backwards South Dakota has taken today.