Editorial: South Dakota challenges abortion

Sunday, Feb. 26, 2006 | 8:20 a.m.

New legislation banning most types of abortion in one state could very well serve as a catalyst for a U.S. Supreme Court challenge to overturn Roe v. Wade

The measure, which isn't law until it is signed by South Dakota's anti-abortion governor, Mike Rounds, makes performing an abortion a felony in all cases except to save the life of a pregnant woman. Abortion foes managed to defeat amendments that would have allowed abortions in cases of rape, incest or to preserve a woman's health.

South Dakota Rep. Roger W. Hunt, the measure's Republican sponsor, told The Washington Post that the bill was designed to spark a challenge of Roe v. Wade before a U.S. Supreme Court that now includes two justices appointed by President Bush, who opposes abortion. "The momentum for change in the national policy on abortion is going to come in the not-too-distant future," Hunt said.

While the measure's supporters were back-slapping and celebrating their victory, South Dakota's Planned Parenthood director called the Legislature's action "a devastating day for the women of South Dakota," adding that "it's distressing to know that this legislative body cares so little about women, about families, about women who are victims of rape or incest."

South Dakota's women are in danger of losing their right to choose because their interests and well-being were ignored in what amounts to a quest for a long-awaited political win. This defeat for women's reproductive rights emphasizes the importance of the decisions we make when we vote, whether it's electing a state representative or the president of the United States. Elections do matter.

It is interesting, however, that the law's restrictive nature has divided even abortion foes, some of whom say that such a radical change being pursued in South Dakota will not pass Supreme Court muster.

Abortion was a key issue during the confirmation hearings of the high court's two newest members, Chief Justice John Roberts and Justice Samuel Alito Jr. Both expressed beliefs in precedent and "settled law" when asked about their constitutional views on abortion. But the true test of their stated beliefs, it seems, is on the horizon, fueled by a backward assault on South Dakota women and their right to choose.