South Dakota Bans Abortion

Ken AshfordWomen's IssuesLeave a Comment

The law is clearly unconstitutional, and South Dakota legislators know it.  There isn’t even an exception for the health of the mother.  The only reason South Dakota passed it was to give the U.S. Supreme Court the opportunity to overturn Roe v. Wade.  Full story here.

I think that South Dakota is going to be disappointed in the end.  If the Roberts Court overturns Roe, it will be an admission that the law changes based on the make-up of the SCOTUS bench.  The problem is that the justices — both conservative and liberal — are more concerned about the credibility of the law (and stare decisis), rather than hot issues of the day.