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New abortion bills erode old laws

James Mansnerus

Issue date: 3/20/06 Section: On Campus
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On Feb. 22, South Dakota legislators passed a bill banning almost all abortions. With other states looking to do the same, a Supreme Court showdown is likely.

South Dakota's new bill, expected to be signed, would takes effect on July 1. The new law would make it a felony for a doctor to perform any abortion except to save the life of a woman. This means that victims of rape and incest  do not qualify.

The state has a history of passing anti-abortion measures. In 2005, a law was passed forcing doctors to tell women wanting abortions they'd be ending the life of a "whole, separate, unique human being."

Cbsnews.com reports that a bill the same as South Dakota's new bill has entered the Mississippi state House. If it reaches his desk, Gov. Haley Barbour (R) is quoted as saying, "I suspect I'll sign it."

If these bills are signed into law, the laws will be challenged in court. Critics claim that the laws would violate Roe v. Wade and Planned Parenthood v. Casey.

     In a 1973 decision in Roe v. Wade, the Supreme Court gave women the right to end a pregnancy through abortion. Later, a 1992 decision in Planned Parenthood v. Casey ruled that states couldn't put an "undue burden" on women getting access to abortions.

Pro-choice advocates think these new restrictions would take away the right to choose by making it impossible to get an abortion unless in grave danger.

Others are angered by the exclusion of victims of rape and incest.        

Ohio has its own set of restrictions on abortion.

Parents of a minor must be notified before the minor has an abortion. Also, women must receive state-directed counseling designed to discourage abortions, and then wait 24 hours before having their procedure. Public funding is available in cases of life-endangerment, incest, or rape.

In Ohio, young women and teenagers account for half of abortions. In 2003, one-sixth of abortions were by females under 20, with another one-third by women ages 20-24, according the Ohio Department of Health. A bill like the one in South Dakota would make most of these illegal.

Most affected by such a bill would be African-American women, who had 529 abortions for every 1000 live births in Ohio in 2003. The Ohio Department of Health claims they had a ratio almost four times as high as whites, who had 150 abortions for every 1000 live births.

If South Dakota's restrictions are signed into law, they will be challenged in court. When this happens, expect a war.


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