PIERRE, S.D. – South Dakota has taken a step in trying to mirror Texas’ strict abortion law, potentially paving the way for citizens to sue those involved in a procedure after a fetal heartbeat is detected, tied to rhetoric over whether states should pursue these paths.
Last Friday, Gov. Kristi Noem introduced a bill which would ban abortions around the sixth week of pregnancy and gives residents an avenue to sue for civil damages if they suspect individuals of aiding or abetting a procedure.
Nina Ginsberg, a member of the National Association of Criminal Defense Lawyers (NACDL), said even if supporters of such bills assure it is not about arresting people, they do set the stage for such an approach.
“The more support and momentum these anti-abortion statutes have, the greater the impetus is going to be in jurisdictions that are supportive of these types of laws to bring these types of prosecutions,” Ginsberg contended.
She recently took part in a panel discussion hosted by the NACDL, which issued a report last year warning about the growing environment to criminalize reproductive rights based on laws in other states.
Noem argued the efforts should be viewed as a Constitutional duty to defend the lives of the people, including the rights and lives of unborn children.
Lynn Paltrow, founder and executive director of the group National Advocates for Pregnant Women, said while a number of these laws and proposals include exceptions for medical emergencies, it is not enough protection. She pointed out there are examples of providers still being leery of performing an emergency procedure out of fear of the other provisions.
“Doctors are too afraid. Healthcare providers are much too afraid,” Paltrow explained. “They don’t know what they mean. ”
These debates are happening as the U.S. Supreme Court prepares to rule this year on a Mississippi case viewed as a direct threat to the Roe v. Wade decision.
South Dakota is one of eleven states where abortions would be banned if the landmark federal law was overturned. But Noem said the state still should pursue more restrictions in the meantime. Her administration is currently being sued by the ACLU over limits on abortion medication.
