While rightfully distracted by the ill-conceived (and frankly ridiculous) proposal to cede control of six major US ports to a company controlled by a foreign government, we have barely registered the fact that a blatant frontal attack is being mounted at the state level which threatens a woman's right to choose.

In the first substantive challenge likely to come before the newly-configured SCOTUS, South Dakota lawmakers are getting ready to vote on a bill that would outlaw nearly all abortions in the state.

Make the jump.

Background

Via the Salt Lake Tribune:

If the bill passes a narrowly divided Senate in a vote expected today, and is signed by Gov. Michael Rounds, a Republican who opposes abortion, advocates of abortion rights have pledged to immediately challenge it in court - which is precisely what the bill's supporters have in mind.

Optimistic about the new additions to the U.S. Supreme Court, some abortion opponents say they have new hope that a court fight over a ban here could lead to the overturning of Roe v. Wade, the 1973 decision that asserted the legality of abortion around the country.

With this ominous backdrop, the stage is set, quickly, for the first real test that could come before the SCOTUS designed to return abortion rights determinations to the states.

Worried?  You should be.  Here is what South Dakota Governor Michael Rounds said in his 2006 "State of the State" address (PDF):

We are taking actions to save innocent young lives in South Dakota and to help people better understand the act of abortion before it may occur.

Although this is an initiative that will be undertaken at a state level, success of the bill will lay the groundwork for a challenge at the SCOTUS level.  The provisions of the South Dakota legislation ban abortion in all instances except where there is risk to the life of the mother.  This is in direct opposition to the provisions of Roe v. Wade, which make banning abortion in the first trimester illegal.  The bill has already passed by 47 to 22 in the House of Representatives and the Senate Committee which has to approve the legislation has approved and passed it up to the narrowly-divided Senate.  It will come up for a Senate vote as early as today.  While Governor Rounds has declined to directly discuss the ban, he did say the following:

"I'm not sure how the bill will come down so I'll hold off on discussions until they deliver the bill to me."

Rounds says he knows the state would be sued if the bill passes, but says he's heard there could be donations that would cover the court costs.

It certainly looks to me like he's circling the wagons.

NARAL

I'm going to revisit NARAL and it's not necessarily going to be friendly.  I was greatly disappointed by NARAL's non-response to the Alito nomination.    NARAL went into a fundraising frenzy when Sam Alito's nomination was announced.  Given that an overwhelming majority of Americans believe that abortion should remain legal (see PollingReport's abortion numbers here), NARAL was in a favorable position to leverage public opinion in opposing the Alito nomination -- yet they seem distracted by putting their funds towards pro-choice candidates who later betrayed them and their benefactors by allowing the Alito nomination to come to a cloture vote.  I don't know about you, but that's simply not how I want my donations to be spent.

I went looking on NARAL's site for a clear statement of mission and I found it here:

NARAL Pro-Choice America Mission Statement

NARAL Pro-Choice America's mission is to develop and sustain a constituency that uses the political process to guarantee every woman the right to make personal decisions regarding the full range of reproductive choices, including preventing unintended pregnancy, bearing healthy children, and choosing legal abortion.

Personally, I think it's clear and well-written.  I also think it's high time NARAL returned to serving its mission.  The South Dakota legislative abortion ban is exactly where donor's dollars should be spent.  Yet I found no reference on NARAL's home page to South Dakota.  The only reference is found this way: a visitor has to select the state bill tracker and then select from the map the state about which they want additional information.  Once a state is selected, you can see information about both anti-choice and pro-choice legislation.  The point is, though, you have to know what you're looking for.  I depend on NARAL to get the word out on what I should be looking for because the likelihood that I just stumble upon it in time to do anything about it is very small.  The South Dakota H 1215 bill proves my point exactly.  Finding out about it only today is too late to have substantive influence at the state level.  The vote is occurring as I type.

NARAL is critical in these times of pro-choice peril.  Yet they seem to have strayed from their mission.  While it pains me to say this, drastic measures may be required.  Money talks in this effort, and we can't afford to let NARAL slip into ineffectiveness.  NARAL supporters need to contact them and clearly convey the message that NARAL has to focus on threatening legislation like South Dakota's H 1215.  Write NARAL and tell them that you won't give your money to them if they continue to focus their dollars and effort on electing so-called pro-choice candidates who succumb to party pressure where the rubber meets the road.  Let them know that they should be fighting at every opportunity to give visibility and opposition to these illegal, anti-choice efforts ocurring in our country.

Contact information:

NARAL Pro-Choice America
1156 14th Street NW
Suite 700
Wwashington, DC  20005
Phone: 202-973-3000
Fax: 202-973-3096
Email: can@ProChoiceAmerica.org
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posted by RenaRF at 2:48 PM 7 comments