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South Dakota House Passes Bill Criminalizing Abortions; Challenge to Roe vs. Wade
releases.usnewswire.com ^

Posted on 02/11/2004 9:15:37 AM PST by chance33_98

South Dakota House Passes Bill Criminalizing Abortions; Challenge to Roe vs. Wade

/11/04 11:31:00 AM

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To: National Desk, Legal and Congressional Reporters

Contact: Brian Burch of the Thomas More Law Center, 734-827-2001

ANN ARBOR, Mich., Feb. 11 /U.S. Newswire/ -- After over two hours of emotional debate, the South Dakota House last night overwhelmingly passed House Bill 1191, 54 to 14. The Bill establishes that life begins at conception and would outlaw abortions in the state making the practice a five year felony. The Bill is designed to have the U.S. Supreme Court reconsider its 1973 decision in Roe vs. Wade which legalized abortions nationwide.

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan worked closely with South Dakota Rep. Matt McCaulley, chief sponsor of HB 1191, for the last several months both in the drafting and legal strategy of the bill.

Richard Thompson, president and chief counsel of the Thomas More Law Center stated. "This is new and unique legislation that has never been considered by the Supreme Court. The Law Center and our Associate Counsel, Harold Cassidy, are pleased we could be of assistance to Matt McCaulley and South Dakota in their efforts to protect the unborn. While we cannot predict the future, we do know that this legislation establishes significant facts that the courts will not be able to ignore."

Rep. McCaulley agreed. "Abortion is an important moral issue that transcends party lines. Protecting unborn human life is something the vast majority of South Dakota residents support, and Democrats and Republicans joined together and passed a bill that will protect unborn human life in our state. We are ready to fight for the right to life, as opposed to waiting for it."

In the preamble to HB1191, the legislature determined that based on the best scientific and medical evidence, life begins at fertilization and that South Dakota's Bill of Rights applies equally to born and unborn human beings. The Bill also finds that abortions impose significant risks to the health and life of the pregnant mother, including significant risk of suicide, depression and other post traumatic disorders.

Approval by the House now sends the bill to the Senate where support continues to be strong. Should South Dakota's pro-life governor sign the bill, the new law would directly confront Roe vs. Wade.

The Bill mandates that physicians make every effort to preserve the life of both the mother and her unborn child. However, it is not a violation of the law if the medical treatment provided to the mother results in the accidental or unintentional death of the unborn child.

Approval in the full House of Representatives came only days after an emotional and tense hearing in the House State Affairs Committee where members heard testimony from doctors, lawyers and post-abortive women from across the country. With passion and tears, several women recounted their personal grief, severe depression, and thoughts of suicide that came as a result of their abortions. After over four hours of testimony, and strong opposition from Planned Parenthood representatives, committee members passed the bill 11-2, sending it to the House where it was approved on Tuesday.

The Thomas More Law Center defends and promotes religious freedom, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services. It depends on contributions from individuals, corporations and Foundations. It is recognized by the IRS as a section 501(c)(3) organization. The Thomas More Law Center can be reached at 734-827-2001, or visit its Web site at http://www.thomasmore.org.

http://www.usnewswire.com/


TOPICS: News/Current Events; US: South Dakota
KEYWORDS: abortion; roevwade; thomasmore
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1 posted on 02/11/2004 9:15:39 AM PST by chance33_98
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Comment #2 Removed by Moderator

To: chance33_98; carenot; cpforlife.org; jgrubbs; sheltonmac
Thanks for posting this. This really isn't a challenge to Roe v. Wade as Roe v. Wade was technically binding only on the parties at suit.

Pray that South Dakota's right to defend the right to life will not be attacked by the Constitution-usurping left.

3 posted on 02/11/2004 9:20:40 AM PST by The_Eaglet (Conservative chat on IRC: http://searchirc.com/search.php?F=exact&T=chan&N=33&I=conservative)
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To: chance33_98
First I've heard of this. Good for S.D.!!!

Of course, they'll undoubtedly be overturned by the USSC, but dang! Good for them!

4 posted on 02/11/2004 9:20:56 AM PST by r9etb
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To: chance33_98
SPOTREP - pro vida
5 posted on 02/11/2004 9:22:01 AM PST by LiteKeeper
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To: chance33_98
Wow!

This is awesome news....we'll see where it goes.

Praise God.
6 posted on 02/11/2004 9:22:39 AM PST by VaBthang4 (-He who watches over Israel neither slumbers nor sleeps-)
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To: chance33_98
Daschel has to be going NUTS!
7 posted on 02/11/2004 9:23:22 AM PST by OXENinFLA
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To: BushTheBestPresidentEver
It sounds mostly good to me, but I would question why it doesn't mention what would happen in the case of rape...

What will make it a non-starter is if they did not address the life of the mother. Without that exception, there is no way it will even be considered. It probably won't anyways. I think chipping away at Roe v. Wade may be the only successful way, although I applaud their effort.

8 posted on 02/11/2004 9:24:48 AM PST by Always Right
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To: chance33_98
Good for SD. If I didn't hate the cold so much, I would consider moving there.
9 posted on 02/11/2004 9:24:52 AM PST by HEY4QDEMS
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To: chance33_98
Wooo - Hoooo!!!! Let the games begin!
10 posted on 02/11/2004 9:24:58 AM PST by 3catsanadog (When anything goes, everything does.)
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To: chance33_98
Wonder if I could get a job in SD?
11 posted on 02/11/2004 9:25:26 AM PST by patton (I wish we could all look at the evil of abortion with the pure, honest heart of a child.)
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To: r9etb
I firmly do not think it will be overturned by the USSC.

That's because it won't make it that far! Unless, it's first litigated in the state and makes it to the State Supreme Court, but I am sure it's going straight to Fed. Court.
12 posted on 02/11/2004 9:26:20 AM PST by OneTimeLurker
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Groups unfairly targeted-Campaign Finance Reform Thread - Day 62

13 posted on 02/11/2004 9:26:55 AM PST by The_Eaglet (Conservative chat on IRC: http://searchirc.com/search.php?F=exact&T=chan&N=33&I=conservative)
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To: BushTheBestPresidentEver
Should a woman that was raped have to carry that scumbag's kid and deliver it to the world?

No. Instead the child should be executed for the crimes of his/her father. Obviously...

14 posted on 02/11/2004 9:27:33 AM PST by Spiff (Have you committed a random act of thoughtcrime today?)
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To: chance33_98
10th Amendment Bump
15 posted on 02/11/2004 9:29:39 AM PST by WhiteGuy (Congress shall make no law... abridging the freedom of speech, or of the press...)
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To: chance33_98
Is Little Tommy Daschole from South Dakota or North Dakota?
16 posted on 02/11/2004 9:31:03 AM PST by ZULU (GOD BLESS SENATOR JOE MCCARTHY!!!)
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To: WhiteGuy
Now, if South Dakota could only stop the dead from VOTING in November!
17 posted on 02/11/2004 9:32:13 AM PST by princess leah
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To: OXENinFLA
Daschel has to be going NUTS!

But he gets re-elected.

18 posted on 02/11/2004 9:34:31 AM PST by Digger
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To: The_Eaglet
Thanks for the ping. I was wondering how long it would be before a state dared to question the federal government's immoral and unconstitutional mandate on this issue. Let's hope and pray this is only the beginning.
19 posted on 02/11/2004 9:34:34 AM PST by sheltonmac ("Duty is ours; consequences are God's." -Gen. Thomas "Stonewall" Jackson)
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To: chance33_98
Praise the Lord!

Hope and pray this moves on up.
20 posted on 02/11/2004 9:34:36 AM PST by k2blader (Folks who deny the President's proposal is an amnesty are being intellectually dishonest.)
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