Friday, August 1

South D. Challenges the Foundation of Roe

Life News Reports:


"that the abortion will terminate the life of a whole, separate, unique, living human being;"

"that the pregnant woman has an existing relationship with that unborn human being and that the relationship enjoys protection under the United States Constitution and under the laws of South Dakota;"

"that by having an abortion, her existing relationship and her existing constitutional rights with regards to that relationship will be terminated."(1)

The Constitutional Issue

As will be discussed below, these three statements are unlikely to help many women avoid abortion. But this language may be very important to the next round of Supreme Court rulings on abortion.

In fact, these provisions in the law are carefully designed claims of fact intended to force the federal courts to finally address unanswered legal issues. Pro-life lawyers hope that by litigating the three points raised in this statement, the Supreme Court can be led to affirm that the constitutional right of relationship between a woman and her unborn child (already defined in regard to adoption law) extends to abortion law. In addition, while previous courts have avoided the question of when human life begins, this statute would ask the Court to affirm the fact that an unborn child is a "unique, living human being." Such a finding would almost certainly require a reversal of Roe v. Wade.

So, the South Dakota law is poised to raise important constitutional questions.

The more truth, we will be that much closer to an America where all are loved.

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