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South Dakota Governor Signed Law Banning Most Abortions

Reported by Donna - March 6, 2006

During a segment between Shepard Smith and Senior Legal Analyst, Judge Andrew Napolitano today they focused on the issue that South Dakota Governor, Mike Rounds signed a very restrictive ban on abortions that would only allow one if the women's life was in danger. There is no exception for the health of the mother or rape or incest.

Judge Napolitano said there are a number of things that will probably happen. He said an abortion provider will most likely challenge it before it would become law on July 1. He said it could be appealed to a higher court but that a higher court could throw it out or it could choose to send it on to the Supreme Court. The Supreme Court could hear it or choose not to. If they chose to hear it, Napolitano said he didn't think it would go through because it is so restrictive.

Napolitano said the last time an abortion issue came before the court it ruled 6 - 3 in favor of Roe v Wade. He also said that the only thing that's really changed is Alito's appointment and that would make it 5 - 4 in favor of Roe v Wade if he was to rule against it. Napolitano seemed to think that the anti choice group needed one more Supreme Court Justice in order to change Roe v Wade.

But Napolitano also added that there was a lot of consensus that Roe v Wade wasn't grounded in solid constitutional principles. If that was the case then the U.S. Supreme Court could vote to send the issue back to the states and let the states decide their own abortion laws. He said people could then do what Reagan once said, 'Vote with their feet.' If they didn't like an abortion law in one state, they could move to another.

Comments: A lot of if's remain. This was either a fair portrayal of what is to come or it could be an attempt to tell the pro choice people, 'move along, nothing to see here.'

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