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calendar   Sunday - October 26, 2008

Wasted Effort

Something other than McCain / Obama Politics

Vote would determine first ‘abortion-free state’

On Tuesday, November 4, the citizens of South Dakota will vote on the most restrictive abortion law in the country. Dr. Allen Unruh of VoteYesForLife.com says the opponents have launched a major battle against the pro-life measure. “Planned Parenthood is bringing in Barbara Streisand,” he explains. “They’re filling the airwaves with deceptive ads that are lies, and we’re going to attack for false and misleading advertising.”

The opponents of the abortion ban have raised almost double the amount of money for their campaign as the pro-life side has. So far, the pro-life campaign has not been able to buy advertising to combat it. “We haven’t had the funds to get on the air war,” Dr. Unruh adds. “This whole war on our side has been on the ground up until now, but it’s critical that we overcome their lies and deception.”
pregnancy illustration
Opponents in South Dakota have received a majority of their campaign’s funding from other states because, according to CNSNews.com, this ban could become a national concern. Leslee Unruh, executive director of VoteYesForLife.com, is thrilled at the idea that South Dakota would be the first “abortion-free state.”

“We are asking Christians all across America to stand up and be counted to say, ‘You know what, I want to make a difference. This is one place where I can make a difference,’” Dr. Unruh adds.

Read the rest over at One New Snow

This bill is known as Measure 11 on the South Dakota ballot. It is what is called an Initiated constitutional amendment.

The ballot entry for Measure 11 will state

Title:
An Initiative to prohibit abortions except in cases where the mother’s life or health is at a substantial and irreversible risk, and in cases of reported rape and incest. 

Attorney General Explanation: 
Currently a woman may obtain an abortion during the first 24 weeks of pregnancy.  Beyond 24 weeks, abortions may be performed only if necessary to preserve the life or health of the woman. 

Measure 11 would prohibit all abortions performed by medical procedures or substances administered to terminate a pregnancy, except for: abortions medically necessary to prevent death or the serious risk of substantial and irreversible impairment of a major bodily organ or system of the woman, and abortions to terminate a pregnancy of less than 20 weeks resulting from rape or incest reported to law enforcement. 

When an abortion is performed as a result of reported rape or incest, the woman must consent to biological sampling from herself and the embryo or fetus for DNA testing by law enforcement. 

Measure 11 would allow the provision of contraception substances prior to the time pregnancy can be determined by conventional medical testing, or assistance in obtaining abortions in states where the procedure is legal. 

If approved, Measure 11 will likely be challenged in court and may be declared to be in violation of the United States Constitution.  The State may be required to pay attorneys fees and costs. 

YES- A vote “Yes” will adopt the proposed law.

NO- A vote “No” will reject the proposed law.

For the actual text of the measure click here

This is not the first time such a measure has come up in South Dakota. It was voted down 3 years ago. Even if this measure should pass, how will it be able to stand up against Roe v. Wade? I don’t think it can. Federal law trumps state law. Period.

Running over to CNN for a bit of background ...

Public opinion on abortion has remained remarkably stable over the years. A CNN/Opinion Research survey in October found 36 percent of Americans think abortion should be legal in most or all circumstances, 40 percent believe it should be available in a few circumstances, such as to save the mother’s life, and 22 percent say abortion should never be legal. That is almost unchanged in the past 15 years.

Justices William Rehnquist, Byron White and Anthony Kennedy said they would allow restrictions on abortion, but only if the restrictions had a rational basis. More important, the three conservative justices said a compelling government interest need not be required to justify restrictions on abortion. That was a blow for anti-abortion forces.

Then came the Planned Parenthood ruling, in which the justices clearly outlined their views on Roe. The decision (also 5-4) reaffirmed the heart of Roe while giving states the power to regulate procedures so long as they did not impose an “undue burden” on a woman’s right to abortion. The standard: Undue burden exists if “the purpose and effect is to place substantial obstacles in the path of a woman seeking an abortion before the fetus attains viability.” The ruling left supporters on both sides of the issue dissatisfied, feeling it was ambiguous.

Sounds to me like making a general abortion a Class 4 Felony is an Undue Burden and then some. Sorry South Dakota, your Measure is doomed to failure.

At least two other states have issues pertaining to abortion on their ballots this fall.

So this perennial Conservative Issue is still in play. Yet another issue that somehow didn’t make an appearance in any of the big deal Presidential Debates.


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Posted by Drew458   United States  on 10/26/2008 at 01:06 AM   
Filed Under: • Abortion •  
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