The Supreme Court of the United States issued a ruling in the case of Dobbs v. Jackson Women’s Health Organization on Friday, June 24 that dismantled 50 years of Juris Prudence and established legal precedent, and overturned the landmark case of Roe v. Wade.
In 2005, the South Dakota Legislature passed a trigger law that immediately puts a ban in place to make abortions illegal in South Dakota, should Roe v. Wade ever be overturned.
This is the law, as it now stands.
"Any person who administers to any pregnant female or who prescribes or procures for any pregnant female any medicine, drug, or substance or uses or employs any instrument or other means with intent thereby to procure an abortion, unless there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life of the pregnant female, is guilty of a Class 6 felony."
U.S. Sen. John Thune (R-S.D.) released the following statement after the U.S. Supreme Court issued its opinion on Dobbs v. Jackson Women’s Health Organization, which overturns Roe v. Wade:
“This decision to overturn Roe is long overdue, and it’s a historic day in the pro-life movement,” said Thune. “Our country is dedicated to the defense of human rights, and I hope that we can further live up to that promise with the question of abortion now rightfully returned to the states, the democratic process, and to elected officials who can be held accountable to the American people for their decisions.”
U.S. Representative Dusty Johnson (R-S.D.) released the following statement that same day: “I’ve never believed the Roe v. Wade decision – which was ultimately a personal privacy case – was a justification to take a human life,” said Johnson. “The unborn deserve protection.”
The South Dakota Democratic Party released the following statement Friday with regard to the Supreme Court’s decision to overturn Roe v. Wade:
“Today’s Supreme Court decision to overturn Roe v. Wade immediately enacts South Dakota’s trigger laws making abortion illegal no matter the circumstance. South Dakotans have shown at the ballot box that they do not support a ban on abortion, but Kristi Noem and Republican officials continue to enact an extreme, out-of-touch agenda. Last year, Kristi Noem told the Argus Leader she opposes abortion with no exceptions, including cases of rape and incest: “Noem told the Argus Leader this week that she is an absolutist on the [abortion], not even compromising in the event of rape or incest.”
“Kristi Noem’s extremist views are out-of-line with most South Dakotans and put partisan goals above common sense. While Kristi Noem claims to be a champion for freedom, in reality, she’s the number one advocate for controlling the lives of South Dakotans. All South Dakotans deserve the freedom to make their own healthcare decisions - including the choice to have an abortion. Reproductive rights are on the ballot in November and South Dakotans will make their voice heard. Kristi Noem and Republicans will have to answer to voters for their attacks on reproductive freedom. It’s time to elect Democrats who will defend South Dakotans’ right to basic and necessary health care services.”
From Tom Jones, Poynter article posted June 27: South Dakota Republican Gov. Kristi Noem appeared on ABC’s “This Week” and talked about the state’s trigger law that immediately banned abortions and makes performing an abortion a felony. Noem told moderator Martha Raddatz, “I don’t believe women should ever be prosecuted. I don’t believe that mothers in this situation (should) ever be prosecuted. Now doctors who knowingly violate the law — they should be prosecuted.”
According to a story with Dakota News Now, Republican leaders are planning to do more. State legislative leaders from both the House and the Senate sent out a press release, stating their intent to move forward with a special legislative session to further legislate around the topic of abortion.
“There have been some more informal conversations taking place between the Governor’s office, myself, and the President Pro Tempore of the Senate,” said Speaker Pro Tempore Jon Hansen (R-Dell Rapids). “Those so far have been very productive.”
Hansen has talked previously about his intentions to make South Dakota a more “pro-family state.” Specifically, he says he would like to see tax credits for families, and stricter rules around things like out of state abortion providers.
“There are some amendments around the trigger law that can be made to really bolster protections for unborn babies,” Hansen said. “Make sure that we are taking care of mothers and fathers in unplanned pregnancies. All of those conversations are going to be had with the House, Senate, and Governor’s Office... I am really looking forward to working with everyone to make sure South Dakota remains the most pro-life state in the country.”
The effort to have a special session on the topic has the strong backing of Hansen’s counterpart in the Senate as well.
“A special session is necessary because we could not have known this winter during the regular session that we would have this opportunity,” Senate President Pro Tempore Lee Schoenbeck (R-Watertown) wrote in a release. “We have a new responsibility to protect lives presented by the Supreme Court’s decision.”
Governor Kristi Noem has said that she would like to make sure that families, particularly mothers, are cared for in a post-Roe South Dakota.
“We more than likely will go into a special session to address a few of our statue changes that may need to be updated,” Governor Kristi Noem told Dakota News Now/KOTA Territory. “I would really like for us to try and support mothers in a new way, that are in a crisis situation with an unplanned pregnancy. See what we can do to partner those mothers with churches, non-profits, and other healthcare organizations to address their needs.”
As of this printing, there is no clear date as to when this special session might be held.
See the story on Dakota News Now: https://www.dakotanewsnow.com/2022/06/28/south-dakota-legislative-leaders-aim-more-laws-around-abortion-special-session/
Guest Column: Now is the time to keep up the fight for abortion rights in South Dakota
By Libby Skarin, campaigns director, ACLU of South Dakota
The Supreme Court issued a shameful ruling last week overturning Roe v. Wade — the landmark decision recognizing the constitutional right to abortion nearly 50 years ago. The court’s decision means abortion is now banned in South Dakota, thanks to a trigger law that’s been on the books since 2005.
Additionally, the ruling in this case, Dobbs v. Jackson Women’s Health Organization, will set off a chain reaction with states banning abortion and criminalizing essential care throughout entire regions of the country. Half the states in the country are expected to ban abortion, denying the 36 million women and other people who can become pregnant the fundamental right to decide for themselves whether and when to become a parent.
Because of the state’s trigger law, South Dakotans now have fewer rights than people in other states in this country. This is deeply painful to all of us who believe that the right to control our own bodies and to make such deeply personal decisions is ours, not the government’s.
As some South Dakotans have already experienced due to severe obstacles to abortion care, banning abortion leaves many with no other option than to carry a pregnancy to term and give birth. Forcing someone to carry a pregnancy against their will has life-altering consequences, including enduring serious health risks from continued pregnancy and childbirth, making it harder to escape poverty, derailing their education and career plans, and making it more difficult to leave an abusive partner.
Banning abortion will have an immediate and devastating impact on women and all people who can become pregnant, taking from them a right that has been central to their ability to plan their lives, families, and careers. But the burdens will disproportionately fall on Black and Brown people, people struggling to make ends meet, those who are already parenting, folks in rural areas, Indigenous people, undocumented immigrants, LGBTQ+ and Two Spirit folks, and young people. The Supreme Court’s ruling will also lead to pregnancy losses being subject to suspicion, investigation, and arrest, and patients and doctors facing charges and jail.
Make no mistake: Politicians won’t stop here. The same anti-abortion extremists seeking to control the bodies of pregnant people are coming for our right to access birth control and gender-affirming care, marry who we love, and the right to vote. Everyone’s rights are on the line now, and we will not quit.
Anti-abortion politicians have put South Dakota on the wrong side of history for too long, and the ACLU is determined not to let them off the hook. Politicians who do not believe in protecting the civil rights and liberties of their constituents have no business in governors’ mansions, in state attorneys general’s offices or in state legislatures.
But everybody can fight back. Take to the streets to have your voices heard, contact your elected representatives and support your local abortion movement, including abortion funds, health centers, and reproductive justice organizations. And then vote. Vote like your rights depend on it – because they do! We can demand better from our elected officials and vote them out of office if they refuse to listen. We can care for others and get involved in our comminutes to make life better and more just for those around us.
The path to taking back our rights is long, but the ACLU will be there every step of the way until we all have the power to make the best decisions for ourselves and our families. While the courts are letting anti-abortion, politicians attack our fundamental rights, they don’t get the final say — we do.
