Women in America no longer have a constitutional right to terminate their pregnancies. The United States Supreme Court this morning issued its ruling in Dobbs v. Jackson Women’s Health Organization, which challenged a Mississippi ban on abortions after 15 weeks of pregnancy, and said it is up to states to decide when and whether they will allow abortions. This ruling comes one day after the Court ruled in New York State Rifle & Pistol Association v. Bruen that it is not up to states to decide when and whether they will allow concealed firearms.
To review: states can protect life by bossing women around, but states cannot protect life by bossing gun owners around.
As in other states with trigger laws, abortion is now mostly illegal in South Dakota. Per SDCL 22-17-5.1, enacted in 2005 to take effect upon the Supreme Court’s overturning of Roe v. Wade, any person who performs an abortion on any woman in South Dakota or prescribes or procures for any pregnant woman any abortificient medicine, drug, or substance is guilty of a Class 6 felony, “unless there is a reasonable medical judgment that performance of an abortion is necessary to preserve the life of the pregnant female.”
Prescribe or purchase abortion pills in South Dakota, and you go to jail.
Help a rape or incest victim terminate the pregnancy imposed on her by a criminal, and you go to jail.
Help any woman terminate her pregnancy at any point after conception absent strong medical evidence that the pregnancy will kill her, and you go to jail.
The court’s decision to overturn Roe v. Wade makes good on the February draft opinion leaked on May 2. Justice Samuel Alito wrote the final opinion; Justices Thomas, Gorsuch, Kavanaugh, and Barrett all concurred in striking this previously Constitutional right. Chief Justice Roberts concurred in upholding the Mississippi 15-week ban on abortions, but he said the court did not need to overturn Roe v. Wade to reach this decision.