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Page: Profile: Wren's Nest News Local
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Article: 15075
[Health]
Date Posted:
3/6/2006
4:43:45 pm EST
Wvox Stats
Views: 8,344
RSS: 16,897
Comments: 25
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South Dakota Abortion Ban Sets Up Supreme Court Challenge
Author: MTV Source: MTV
Title: SOUTH DAKOTA ABORTION BAN SETS UP SUPREME COURT CHALLENGE
Abortion foes celebrated a victory Monday (March 6) when South Dakota's governor signed into law one of the most restrictive abortion measures in the country, helping set up a court battle intended to challenge the landmark 1973 Roe v. Wade decision that legalized abortion.
The South Dakota law signed by Governor Mike Rounds makes it a crime for doctors to perform an abortion unless it is necessary to save the woman's life, with no exception in cases of rape or incest, according to an Associated Press report.
In a sign that the measure was largely ceremonial and passed in an attempt to challenge the Roe decision, Rounds said in a written statement that he expects the law to be tied up in the courts for years and is unlikely to take effect unless the Supreme Court upholds it.
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Community Thoughts: There are 25 comments posted | Reverse Sort |
| Watch The Language On This One.... | Mar 7th. at 6:19:15 pm EST
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Hindustaniwarrior (Kansas City, Georgia) - Email Me
It's worse than it sounds.....the exact language used is: "The South Dakota law bans virtually all abortions at all stages of a pregnancy, even if it is the result of rape or incest. The law creates a narrow exemption in cases in which a physician's effort to save a pregnant woman's life results in the accidental death or injury of her fetus but says a physician must make "reasonable medical effort" to save the life of the fetus as well as the woman." In other words, there can be no legal abortion, because to abort the pregnancy means that the doctor must make a decision to actually terminate the pregnancy. According to this, if he/she does that, he/she can face stiff jail time.
Namaste, Blessed Be.
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| Nevermind The Fact That........ | Mar 7th. at 3:51:29 pm EST
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Lasombra (Columbus, Ohio) - Email Me
*Men abandon women even when they are pregnant....It should be illegal to abandon a pregnant woman
*Disorders in the fetus/embryo are not found until late in the term of pregnancy.......Not everyone has the strength or money to care for a uber-sick kid
*Rape and incest victims are often in denial until late in the term and it is just horrible to force someone to see proof of their pain everyday. Rapest will come back and try and claim parental rights thus opening pandora's box.
*Many women entrap men with pregnancy which, is why child support *should* be mandatory. If this is so then more women would be more critical of who they engage in sex with. Men should have some rights too.
*Men demand sexual gratification and a woman does not put out then he will leave for someone who will. Sorry to say but this is true in majority of the cases in relationships.
*Situations could dramatically change in 9 months
*Quality of life is not considered....for both mother and child.
*It is the mother's body that has to endure the pain and issues of pregnancy.
*those who use abortion for birthcontrol are very rare...besides if you cannot trust her with a choice then how can you trust her with a child. Do we *REALLY* want these bimbos to be mothers anyway? Why should baby = punishment/karmatic judgment anyway? There are *no* punishment/karmatic judgement for men who sleep around besides child support....why are women expected to take the brunt of the blow?
Just somethings for people to consider,
Lasombra
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| Tactical Challenge | Mar 7th. at 3:42:09 pm EST
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Terry (Irvington, Virginia) - Email Me - Web
To call this law ceremonial as Gov. Round did is to trivialize our entire legal system. Is it "ceremonial" if men with guns coerce you or others offering services from exercising basic rights?
This is a tactical process, where the location was likely considered by RRR behind the scenes tactical legal operatives, who are bright, malicious, perverse predators. Court shopping is a big part of obtaining a grant for a Petition for Writ of Certiorari to SCOTUS, which Writs are routinely denied to most litigants appealing from Appellate courts. It's unlikely this new law was enacted where and as it was by chance, but rather by overt even if well hidden conspiracy among religious hate cult operatives, whose danger lies in the fact they're not as blind or stupid as many who fund them.
Beyond direct support of the Planned Parenthood organization which is likely to be the lead or only Plaintiff in the litigation sure to follow, magickal workings are largely BS relative to how the legal system functions (or malfunctions) , and that is what's important here, not politics, or religion in forms the courts blow off. There are several forms of indirect support which could be valuable, mostly in two classes.
One is development of legal tactics Amicus parties might pursue, to give the court grounds to find legal basis to revisit Roe, and move beyond its defects. Roe is bad case law. It's rooted in the "reasonable expectation of privacy" convoluted court interpretation of the 1st Amendment. Regardless of anyone's personal religious views, that fails to recognize or protect them, while failing core Constitutional tests far less arbitrary than how Roe was constructed. 1st Amendment neutrality requires banning states from enacting laws which favor religious hate cults, as Roe does to a large extent in tolerating any abortion bans, or regulation not related to valid medical practices health and safety matters unrelated to religious postures or abortion per se. 1st Am Free Exercise requires states be disallowed from regulating abortions, including 3rd trimester, absent compelling government interest, which the Rehnquist court ignored but Roberts recognized in the recent Hoasca tea case. That standard is completely ignored in Roe, which pulls an averaged notion of the court's perception of societal bigotry out of thin air, and enacts it as if a valid legal foundation.
Most significant Constitutionally is the 14th Am. equal protections of law accrual to "persons born or naturalized", which language clearly defines a moment of birth standard for an infant to acquire rights, which only a mother, or arguably both parents and possibly in some cases egg or sperm donors, might have prior to that moment. While Roe was progressive for its time, it was very bad case law to impose an arbitrary definition of judicial bigotry subject to amorphous change as premature birth support technologies shift, in place of religious freedom and explicit 14th Am. civil rights jurisdiction based standards.
No doubt the RRR well funded cult operatives will file numerous Amicus briefs representing why their dogma should trump Constitutional law. Actual Constitutional and legal history issues offer potentially far weightier arguments to change Roe, and expand it to a precise moment of birth full abortion choice standard, much better grounded in ConLaw than Roe and its defects ever were. It's costly to develop Amicus briefs, and a lot of work coordinating synergistic positions among different organizations or individuals who might back them. Working with any group able to engage and support Planned Parenthood, while pushing to clean up Roe in ways that hoist RRR cults by their own petards, could be valuable.
The other useful element of this kind of case is largely academic, in a form few professors or doctoral students seriously consider. Lawyers need ammunition, which is for this type of issue often published research or books, supported by credentialed expert witnesses. For this kind of case, that could include religious and cultural history leading to the range of beliefs present in the USA at the time of the Bill of Rights, 14th Amendment, Roe decision, and today. It could include documentation of related sociology and psychology issues of rather broad scope, or population studies that demonstrate a compelling government interest today to limit overpopulation, a reversal of historic religious and government interests a century or more ago to grow populations. That could peripherally be linked to other forms of nonprocreative sex still treated as criminal in too many states, elimination of legal marriage and replacement with only civil partnership contract law (but in forms otherwise compatible with religious or cultural marriage and other traditions) , and a range of interwoven additional issues which are likely to see further legislative and litigation actions.
Judith Levine and Marjorie Heins are authors who've done small pieces of this kind of work, the less recognized evidence and ammunition development to support civil rights litigation, without which many in theory solid cases fail, or result in poor case law. Heins went on to develop a youth oriented project within the auspices or National Coalition Against Censorship www.NCAC.org in large part resulting from her efforts organizing the "Leading Coalition of Scholars" Amicus to US v Playboy, which helped overturn a piece of the CDA not originally challenged. Such work is far more common and well organized by some organizations founded as RRR fronts (or behind the scenes tactical units) , though their efforts are usually rooted in frauds designed to pretend their dogma needs to be imposed on all, and to pretend that whatever civil rights violations needed to lessen the harm from pathological religions at odds with the realities of diverse society should be made case law by underhanded, dishonest means. The history of Citizens for Decent Literature, National Family Legal Foundation, Alliance Defense Fund, and Community Defense Counsel, can be studied for models of how this aspect of legal process works, albeit very corrupt in their cases of what might better be seen as tactical conspiracies to use government for violent felony civil rights oppression rather than protection.
Litigation to protect civil rights isn't a popularity contest as politics can be. It's a drawing of boundary lines among interests and over issues, where in theory, one man's rights are equal to one hundred million's. It's an often very biased tactical process, where legal theory often matters far less than how effectively the parties play the perverse game. Anyone serious about the outcome, rather than more interested in blowing wind, will work to contribute pieces to that game, directly or via groups that consolidate and focus resources.
It's not just PPA, NARAL, NOW, ACLU, PFAW, and such which can front major aspects of this litigation and its secondary tactical needs, but anyone dealing in research or publication, who might be an expert witness in any of the above fields. Given the nature of many pagan paths, there's even a chance to tag on issues of the courts recognizing solitary and non-corporate paths and related rights, using this RRR effort to violate rights to potentially leapfrog additional issues in the opposite legal direction.
Find More info -- HERE
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| Well | Mar 7th. at 8:18:36 am EST
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stalkingwolf (Bullhead City, Arizona) - Email Me
we are after all talking about S.D. .
Where the men are men
the Women are scarce
and
the sheep are scared.
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| WATCH WHAT I SAY.... | Mar 7th. at 4:33:48 am EST
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Whitewolf (Schenectady, New York) - Email Me
I can almost predict that the rate of rape in South Dakota is going to SKYROCKET now that they have voted for the ban, because the sickos know that if the woman gets pregnant there isn't' a damn thing she can do about it.... I'm disgusted
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| Dear Mike | Mar 7th. at 1:15:53 am EST
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NeferKa (Brookings, South Dakota) - Email Me - Web
We're all sending Gov. Round short letters written on women's underpants (new ones, of course) . We figure if enough of us send him a pair it will get his attention.
Here's his address:
Governor Rounds
Office of the Governor
500 E. Capitol Ave.
Pierre, SD 57501
Find More info -- HERE
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| Bravo! ...and Now: Operation Green Card | Mar 6th. at 10:48:02 pm EST
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Jeanne Lisbet (Calgary, Alberta) - Email Me
I completely agree w/ the previous poster - now is the time to act, before every right that we take for granted is vetoed, every advancement that we've made is reversed. Support your local women's clinic, hell, at least just support your local women.
And I've been thinking - Canucks are always saying, when freaky $#!t like this goes down, "move up here!". I know I've done that myself...
Well, F* that.
I've now decided that I'm moving down THERE, and I'm bringing 1000's of my liberal pinko pagan freedom-lovin queer-allied draft-dodging choice-supporting hemp-wearing organic-farming radical anarchist feminist komrades with me (Well, the ones that vote.)
You guys supply the greens cards (dual citizenship - woo hoo!) and we'll bring the beer, (*the good stuff*) and we'll also bring birth control as well b/c by the time this all gets underway that'll probably be illegal too, but of course we won't use any ourselves cuz as soon as we get our green cards we're gonna breed these ChristoTalibanists out. We'll have so many kids the median age of SD will be something like 15 - just think of all the Spiral Scout camps we can have! - and we'll reverse this dreadful right-wing (nothing against conservatives, just the loonies!) downwards arch the US has spiralled into.
Yeah, that's right. You heard me. New state motto: "Welcome to South Dakota - Eh?" (or maybe something catchier? We'll work on it.)
.....We'll take over the school boards, the town councils, then the state... MUWAH-HA-HA-HA!! THEN THE WORLD!!!
....and then we'll find ourselves overpopulated beyond capacity and be crushed under our own weight, or maybe end up becoming the domineering authoritarian theocracy that we fought...
But it was a nice thought while it lasted. >sigh
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| Back Alleys Are Now Open For Business. | Mar 6th. at 10:11:06 pm EST
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bigcat (peoria, Illinois) - Email Me
The fact that this was signed into law was to be expected. And since neither incest or rape was covered, they probably assume that these things never happen- which they do- probably within the back yards of many. Since this is an abstinence only type state- you can bet that birth contol and sex education will also be nonexistent as well. Since ignorance really isn't bliss- one must take one's own hand in both weapons handling and sex education as best one can in the hopes of not adding unnecessarily to the already burgeoning population.
South Dakota has just declared open season on the youth of the state and women in general for every rapist and child molester and incestuous character that either lives there- or passes through-- and being good xtians-- it'll always be the victim's fault -for wanting "it"-- even if she manages to insist otherwise. Just like the old days- when they could sweep those nasty dirty little immoral girls out of town for daring to get raped and shame the family.
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| I Am Angry Also... | Mar 6th. at 8:38:11 pm EST
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Alpha Kilo (St Petersburg, Florida) - Email Me
but unfortunately, this seems to be the way the tide is turning right now, along with the catholic towns and christian states. It will be interesting to see how this 'new' supreme court handles it. I wouldn't be at all surprised with the newly appointed judges to see Roe v. Wade going the other way. I don't intend to just sit back and go away quietly. I joined the ACLU, because they really do seem to be one of the few places left to turn right now. If we don't sit back, we'll be overtaken by this 'religious morals' freight train. But remember, a train can be derailed. Get together with others, support the organizations that try to keep our freedoms intact. If you don't, one by one, these freedoms and choices we've gotten used will disappear.
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| Responsibility And Action | Mar 6th. at 8:35:37 pm EST
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R. Cicero (Seattle, Washington) - Email Me
In light of this latest horrific skirmish in the culture wars, to the eternal shame of South Dakotans and the world at large, consider this: however it resolves, if ever, we need to take responsibility for our actions more than ever. First of all I recommend that every last woman of every age vacate South Dakota immediately. See how the men of SD and the fragile state economy respond to the exodus of half the tax base, to the benefit of other states without a rectally impaired governor. Because in South Dakota there will no mercy for rape victims, who might be mandated to carry their rapist's child to full term. Secondly, if you have not been serious about your sexual health before, then do it now. There is really no excuse for a literate adult to have unprotected sex or experience an unwanted pregnancy. Having said that, I've had relations with women with graduate degrees that were amazingly casual about proper protection. So don't be stupid--man or woman, preferably both, protect yourself with a vengeance. For Odin's sake, educate your preteens and teenagers as well, because it's highly unlikely that your local school district is providing adequate sex education. Having done that, we can get on with the business of fighting this criminal administration and their sick, misguided right wing cronies tooth and nail.
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| Nooooooooo! | Mar 6th. at 7:02:58 pm EST
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NeferKa (Brookings, South Dakota) - Email Me - Web
I am very, very angry with Gov. Rounds.
Contact Governor Rounds
Office of the Governor
500 E. Capitol Ave.
Pierre, SD 57501
605.773.3212
Find More info -- HERE
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| It May Or May Not Be | Mar 6th. at 6:54:48 pm EST
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Llunmere (Germantown Hills, Illinois) - Email Me
... that life "begins at conception", but citizenship does not. We have to value the most vulnerable and defenseless of citizens FIRST AND FOREMOST.
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| Bring It On ! | Mar 6th. at 6:08:52 pm EST
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Libertarian (Langley, Washington) - Email Me - Web
This had to happen sooner or later. We will now see how the Bush Court deals with this and if the pro choice side looses I'm going to buy a hand-gun. I see this as a personal liberty issue as well as a property rights issue. Whats next is now the fundies will want to nationalize a womens woumb if she should become pregnant. It's clear that there intention is to have an ammendment to the constitution banning abortion altogether. There will be blood in the streets over this.
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| We Are All Screwed. | Mar 6th. at 5:54:31 pm EST
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Jedi Gordy (Edinboro, Pennsylvania) - Email Me
Men and women. And to set the record straight, there are women that are pro life, and men that are pro-choice. I also believe men should be aloud to choose to have an abortion (I have met men that had to live in the park because they could not afford rent after paying child support, and yes, they had jobs) . *waits for boos and hisses*
We had best be waiting for a legal slugfest.
Gordy
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| GOODY.... | Mar 6th. at 5:32:40 pm EST
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Whitewolf (Schenectady, New York) - Email Me
Just what we DON'T need.....
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