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Ladies: Kennedy’s Departure Means You Need a Democratic Legislature

Last updated on 2019-01-07

Teach your daughter that her vote matters.
Now more than ever….

South Dakota women, I’m talking to you. I invite your guy friends to pay attention, too.

What does Justice Anthony Kennedy’s retirement have to do with your vote for state legislators this fall? State legislators have no power over Supreme Court appointments, so why do those of us running to serve in Pierre matter in the discussion of The Handmaid’s Tale into which the Trump court will turn America?

Trump will nominate some young jurist who will vote with the new conservative majority to overturn Roe v. Wade. That overturning will not make abortion illegal; it will only cede to the states the ability to outlaw abortion.

The moment The Trump Court overturns Roe v. Wade (and conservative legislatures, attorneys general, and anti-abortion groups will trample each other trying to rush a test case to the new American Inquisition), South Dakota Codified Law 22-17-5.1 will kick in:

Any person who administers to any pregnant female or who prescribes or procures for any pregnant female any medicine, drug, or substance or uses or employs any instrument or other means with intent thereby to procure an abortion, unless there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life of the pregnant female, is guilty of a Class 6 felony. (Section 7 of SL 2005, ch 187, as amended by SL 2005, ch 188, § 1, provides: “This Act is effective on the date that the states are recognized by the United States Supreme Court to have the authority to prohibit abortion at all stages of pregnancy.”) [SDCL 22-17-5.1, passed 2005]

No woman will be able to abort a pregnancy in South Dakota unless her doctor can prove she’s going to die if she remains pregnant. Not suffer, not lose both twins she’s carrying if she doesn’t abort one, not incur permanent damage to her body, but for sure die.

South Dakota women, if you want to stop that near-total abortion ban from taking effect, you need to elect legislators—probably Democrats, and a lot of us, at least 36 in the House and 18 in the Senate, and I’d recommend some extra, 47 and 24, to make sure we have enough to override a veto—who will vote to overturn that statute before The Trump Court strikes.

Your vote in November will not stop The Trump Court from coming into existence. But in South Dakota, in the Legislative column, it can stop some of the damage The Trump Court will do. Donate to pro-choice Democrats now. Vote for pro-choice Democrats in November. Keep your choice, your equality, and your autonomy over your body.

23 Comments

  1. Robin Friday

    I believe the Supreme Court is going to leave it to the states to do whatever they darn please as far as reproductive rights are concerned, and when I look at SD’s legislature, and those of many others, it gives me chills.

  2. mike from iowa

    Jeffery Toobin predicts within 18 months 20 states will have outlawed abortion.

    These activist know nothing justices have made a mockery of the Scotus, just as Drumpf has done to the presidency. McCTurtle and Ryan have trashed congress as well. It will take forever for Dems to straighten this mess out if they ever win another racially gerrymandered election.

  3. Porter Lansing

    Justice Kennedy’s Legacy …

    Blue waves are caused by a switch in the wind. A subtle change in thinking.

    Tsunamis are caused by a seismic disturbance. A massive change in necessity.

  4. Debbo

    Many trumpelstilskins, including their fearful leader, think a scenario like The Handmaid’s Tale is just dandy.

    Decent and honorable people of all gender IDs must fight like the most valiant Undergrounds of WW II, slavery, etc. Our nation is truly at stake.

  5. jerry

    trump said in an interview that the woman needs and should be punished for having an abortion. So ladies, if you or one of your daughters has an abortion, you may go to prison according to trump. That prison sentence will probably not look to good on a college entrance request or for that dream job. Even fast food would probably not want to hire an ex convict. Why take the chance, vote Democratic.

  6. Veronica

    I think Toobin is being optimistic in claiming it will only take 18 months for 20 states to outlaw abortion again. The anti-choice people are vicious when it comes to ending women’s human rights. They are very opportunistic. They’ve been pushing TRAP laws and using tax payer dollars to pay private practice lawyers to defend those TRAP laws in court. In our own state, they pushed and the legislature very happily overturned voters who said no, you can’t outlaw abortion. They forced us to spend our money to defend our legal rights while happily taking tax money to support their legal training. I strongly suspect it will be one the the challenges to TRAP laws that will mark the demise of Roe v. Wade in Trump’s SCOTUS. And I’m trying hard to convince myself I’m just being overly pessimistic.

  7. grudznick

    We can all only hope Mr. Trump will appoint another strict grudznarian.

  8. o

    This was one of the key reasons that many Republicans were willing to hold there noses and vote for Trump: to get the conservative Supreme Court nominee (or three). The “right to life” demands shall be appeased, and in that new conservative court, wealthy white men (and the corporations they embody) will be the protected class – everyone else has lost their goalie; they will be the subject of the most callus legislation and executive orders imaginable to the right.

  9. Curt

    Nina Totenberg (a sage if ever there was one) commented today on NPR that Kennedy’s retirement is in the words of one REM song, “The End of the World as We Know It”. It’s a catchy melody, but scary as Hell in reality.

  10. mike from iowa

    Can you think of a better reason for wingnuts not to file any impeachment charges against Drumpf and Putin, regardless of findings of crimes?

  11. mike from iowa

    McCTurtle says he expects the next bogus scotus nominee to be treated fairly. Fair as in Merrick Garland fair?

  12. Jason

    Yes Moms’. Tell your daughters they are so lucky you didn’t kill them in the womb. Make sure to tell them that even though you had a heartbeat you were just a clump of cells.

  13. mike from iowa

    Troll needs a heaping teaspoon of baking soda to sweeten his sour stomach and his disposition. Works great for acid reflux, too.

  14. Porter Lansing

    Jason/Miranda Lynn … If your daughter had a life threatening, undiagnosed disease would you take her to The Mayo Clinic, even though they perform medical abortions? Or would your Catholic upbringing overrule the life of your daughter?

  15. mike from iowa

    A heartbeat does not a viable human being make. Yeah, but we don’t need viability when we can just force women to be baby incubators until such time as wingnuts decide they won’t pay to feed, insure or educate the results of their phony pro life beliefs. Way to think ahead, fools.

  16. mike from iowa

    And as I have stated before, living breathing right wing nut jobs violate my sincerely held religious beliefs about not having to share Earth with these cretins. Book your flights back to your Mother planet.

    Why no, Cheap justice Roberts, my wingnut ban is not a wingnut ban. They are a security risk to the entire world under Drumpf.

  17. Debbo

    Regardless of SCOTUS rulings and subsequent state laws, there will still be abortions, just more dead women and girls too. RTL indeed. As usual, fetus worshippers and women controllers.

    The racist misogynists have been drooling for a chance to put women and POC in “their place.”

  18. Porter Lansing

    We’ll see if they follow up on decades of rhetoric against women’s rights. It’s a bit similar to the immigration issue. If abortion becomes illegal, Republicans will have to police the law and that’s a dirty and unpopular task. Like undocumented workers, they might decide to just keep looking the other way instead of putting their constituent’s daughters in jail.

  19. Tiffany Campbell

    Thank you Cory for adding the RCJ article explaining my abortion. It is a story that needs to be shared to explain the complexity of abortion. It is not a black and white issue.

  20. jerry

    Kennedy’s kid lent trump a billion bucks. Justice can be purchased to keep even a president out of the jail for treason.

    “But they had a connection, one Mr. Trump was quick to note in the moments after his first address to Congress in February 2017. As he made his way out of the chamber, Mr. Trump paused to chat with the justice.

    “Say hello to your boy,” Mr. Trump said. “Special guy.”

    Mr. Trump was apparently referring to Justice Kennedy’s son, Justin. The younger Mr. Kennedy spent more than a decade at Deutsche Bank, eventually rising to become the bank’s global head of real estate capital markets, and he worked closely with Mr. Trump when he was a real estate developer, according to two people with knowledge of his role.

    During Mr. Kennedy’s tenure, Deutsche Bank became Mr. Trump’s most important lender, dispensing well over $1 billion in loans to him for the renovation and construction of skyscrapers in New York and Chicago at a time other mainstream banks were wary of doing business with him because of his troubled business history.” New York Times June 28, 2018

    As women tend to be more patriotic than men, here is yet another opportunity for you to show that you will not stand for the sale of democracy to the Russian government.

  21. Jason

    OMG. A bank lent Trump money.

  22. mike from iowa

    Trust the troll to gloss over minor details like conflicts of interest and the fact that US banks won’t do business with Drumpf because he won’t pay his debts. Russia will. Putin is glad to have his hooks in Drumpf and Drumpf is glad to be able to avoid having to reveal how much of a Russian wholly owned subsidiary he is.

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