New Legislation Seeks to Send Abortion Issue to Supreme Court

With the recent appointments of conservatives Samuel Alito and John Roberts, anti-abortion advocates are looking to push the issue back into the Supreme Court. An important step in that drive came last week, as the South Dakota state legislature passed a bill which bans all abortions in the state unless the mother’s life is in danger. A similar but less restrictive bill was recently passed in Mississippi as well.

“The idea is for this legislation to get challenged and move its way up the court system and up to the Supreme Court. We want it to be challenged,” said Cheryl Sullenger, outreach coordinator for Operation Rescue, a national organization opposing abortion. “We believe the new composition of the Supreme Court is the most favorable we’ve had in decades. We’re anxious to have a test case come up there and see what happens.”

“If it’s a fight they wanted, it’s a fight they will have,” declares the website of the Planned Parenthood branch servicing South Dakota. In a statement released on February 22, the day of the vote, the chapter’s President and CEO Sarah Stoesz stated “criminalizing health care for women, especially victims of rape or incest, goes against the basic values of the American people”. Planned Parenthood has vowed to seek an injunction if the ban is signed into law by South Dakota Governor Mike Rounds.

Despite the obvious conservative slant that the Supreme Court has taken on, it will be difficult for anti-abortionists to reverse Roe v. Wade and 30 years of subsequent rulings. According to UCLA law professor Eugene Volokh, the Court wants to appear consistent, even with the new appointments. Additionally, the 1973 Roe v. Wade decision was based on a woman’s right to privacy- a right which is part of individual liberty. In a time when Americans are increasingly worried over civil liberties, pro-choice advocates will likely find that this reasoning proves effective in keeping the Supreme Court from overturning the landmark decision.

On Tuesday, President Bush issued a statement disagreeing with the South Dakota measure. Bush is against abortion, but makes exceptions for rape and incest, which the South Dakota bill does not. This points to another problem for anti-abortionists: if they want a favorable decision in court, they will have to begin with less restrictive laws.