State abortion bans seeking to overturn Roe v. Wade
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South Dakota
Main article: Women's Health and Human Life Protection Act
On February 24, 2006, the South Dakota State Legislature passed a bill that was signed into law by Governor Mike Rounds on March 6, 2006. The law purports to make performing all abortions a felony, including those for pregnancies resulting from rape and incest. The bill does make an exception for a woman's health, but also directs the physician to make a resonable effort to save both mother and child. Should he fail to save the child (that is, if the child’s death is an unintended consequence of saving the mother), the doctor will not be prosecuted. The bill is worded as follows:
The bill states in Section 4:
"No licensed physician who performs a medical procedure designed or intended to prevent the death of a pregnant mother is guilty of violating section 2 of this Act." [5] Section 2 is the text of the bill that bans abortions, given below.
Section 4 continues:
"However, the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with conventional medical practice. Medical treatment provided to the mother by a licensed physician which results in the accidental or unintentional injury or death to the unborn child is not a violation of this statute." [6]
The bill states in Section 2 (referenced in the wording of Section 4):
"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." [7]
Although the health of the mother is protected, doctors will be prosecuted for any other reason. Its sponsors hope that a court challenge of the law will provide a vehicle that will allow the Supreme Court to reconsider and overturn Roe.
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Mississippi
Mississippi’s House Public Health Committee voted on February 27, 2006, to approve a ban on abortion similar to South Dakota’s. The Mississippi bill could be voted on in the full State House the following week, and if approved, move on to the State Senate. Governor Haley Barbour told reporters that he would probably sign the bill into law if it makes it to his desk, though said he would prefer it to have an exception for rape and incest. Mississippi already had some of the strictest state abortion laws, requiring a 24-hour waiting period and counseling for all abortions, and the notification of both parents for minors who seek the procedure.
Roe v. Wade - Wikipedia, the free encyclopedia
