South Dakota abortion law to challenge Roe v. Wade

Planned Parenthood is considering either a lawsuit or a state referendum to overturn the measure, under which physicians could face felony charges.

By Amy Lynn Sorrel, AMNews staff. March 20, 2006.

When Gov. Mike Rounds this month signed legislation banning almost all abortions in South Dakota, he likely set in motion a legal battle to test the staying power of Roe v. Wade. The outcome will determine how much control state governments will have over when doctors can perform the procedure.

The new law makes it a felony for doctors to perform the procedure, except to save the woman's life. It does not include exceptions for rape, incest or the woman's health. Doctors could face up to five years in prison and $5,000 in fines.

By banning abortion throughout pregnancy, South Dakota's law is a bold departure from other states that have attempted to restrict abortion using parental consent and notification laws or by preventing late-term abortions. It challenges the 1973 Roe decision, which established that states can prohibit abortion only after fetal viability but must include exceptions to protect the woman's life and health. The law further defies Supreme Court precedent that prevents states from creating an "undue burden" on women's abortion access.

At least eight other states are considering measures aimed at overturning Roe. The heightened activity is the result of a shift on the U.S. Supreme Court. Anti-abortion lawmakers say President Bush's appointments of Chief Justice John Roberts Jr. and Justice Samuel Alito might swing the pendulum in favor of toppling Roe and allowing states to once again legislate broad abortion prohibitions.