Governor likely to sign South Dakota bill banning abortion

PIERRE, S.D. – State lawmakers voted today to ban nearly all abortions in South Dakota and sent the measure to the governor, who said he is inclined to sign it.

Under the legislation, doctors in South Dakota would face up to five years in prison for performing an abortion unless it was necessary to save the woman's life.

The bill directly targets Roe v. Wade, the 1973 U.S. Supreme Court decision that legalized abortion. State lawmakers believe the nation's highest court is now more likely to reverse itself on the abortion issue because of the recent appointments of Justices John Roberts and Samuel Alito.

Planned Parenthood, which operates the only clinic performing abortions in South Dakota, has pledged to challenge the measure in court.

"I've indicated I'm pro-life, and I do believe abortion is wrong and that we should do everything we can to save lives," Rounds said. "If this bill accomplishes that, then I am inclined to sign the bill into law."

Rounds noted that he issued a technical veto of a similar measure two years ago because it would have wiped out all existing restrictions on abortion while the bill was tied up for years in a court challenge.

The governor said he believes it would be better to eliminate abortion in a series of steps, but some abortion opponents want a court challenge that could wipe it out.

"Long-term, I think this court is probably more amenable to restricting the impact of Roe v. Wade on a case-by-case basis and an exception-by-exception basis," Rounds said. "But in the meantime, this may satisfy a lot of individuals out there who would like to see if there is one slim chance the court may entertain three years from now a direct assault on Roe v. Wade."

"I can tell you first-had we've had people stopping in our office trying to drop off checks to promote the defense of this legislation already," Rounds said.

During debate on the measure, lawmakers were told an anonymous donor has pledged to give the state $1 million to defend the abortion ban in court.