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Saturday, Oct. 19, 2024
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South Dakota abortion law will challenge Roe v. Wade

State passes ban intended to provoke court battle

South Dakota recently approved legislation to ban nearly all abortions and awaits Republican Gov. Mike Rounds' signature, a move many AU student leaders oppose.

The bill would make it a crime for a doctor to perform an abortion unless it was necessary to save a woman's life, but there would be no exceptions in cases of rape or incest, according to The Washington Post.

Emily Caponetti, president of Democratic Women and Friends of AU, said the lack of exceptions in cases of abuse is what she finds "most frightening as a democratic woman."

If the South Dakota bill is signed into law, an illegal abortion could result in a $5,000 fine and a prison sentence of up to five years for the doctor.

Jen Smyers, director of Women's Initiative, said this is dangerous because "denying access to legal abortions performed by doctors only encourages unsafe abortions thatÿcan threaten or kill the woman."

When abortion was criminalized between the late 1800s and 1973, approximately 15,000 women a year died from complications from illegal abortions, she said.

Keegan Gibson, political activities coordinator of AU Students for Life, said he thinks the South Dakota bill is important.

"It demonstrates how far removed Roe v. Wade is from most Americans," Gibson said. "The South Dakota legislature is responding to the ethical demands of its citizens."

The new bill is intended to provoke a legal battle over the 1973 Roe v. Wade Supreme Court decision. Gibson said he believes the Roe v. Wade decision will face a long-overdue review because of the South Dakota bill.

"Roe was decided over three decades ago, and medical science has progressed by leaps and bounds since then," Gibson said. "To give legal precedence to medical knowledge from the 1970s doesn't make much sense."

Many believe that if the fight makes it to the Supreme Court, Roe v. Wade will be in danger of being overturned.

"With the current political atmosphere of the administration and the recently appointed Justices Roberts and Alito, I feel that Roe vs. Wade is in serious jeopardy," Caponetti said.

William Sissamis, a freshman in the School of International Service, said Alito has given the impression that he will not be a "stalwart conservative" on the court, so Roe v. Wade could either be held up or overturned. However, if Roe v. Wade is overturned, Sissamis said his home state of Texas would probably be quick to outlaw abortion, as would many other states that have "trigger laws," which are designed to place a state ban on abortion in the event that Roe is reversed.

Ashley Mushnick, president of the AU College Democrats expressed hope that the bill will be struck down by state courts before even reaching the U.S. Supreme Court. She said she was confident that no such legislation would come from her home state of New Jersey, "a state that respects a woman's right to choose."

Other states are moving to pass laws restricting abortion. In Mississippi, a measure was passed that bans all abortions except when the life of the mother is in jeopardy or in cases of rape and incest, according to the New York Times. Republican Gov. Haley Barbour is expected to sign the bill.

Smyers said that in her home state of Florida, a parent notification law for minors who wish to obtain abortions has been signed by Gov. Jeb Bush. A Missouri lawmaker has filed legislation to ban all abortions and also to amend the state's constitution, according to MSNBC.


Section 202 hosts Connor Sturniolo and Gabrielle McNamee are joined by fellow Eagle staff member and phenomenal sports photographer, Josh Markowitz. Follow along as they discuss the United Football League and the benefits it provides for the world of professional football.


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