South Dakota to Hold Vote on Criminalizing Abortion

 In an attempt to challenge the supreme court, South Dakota voters will be voting on a referendum to ban many abortions. South Dakota voted on a much more strict version of this bill two years ago and it was narrowly defeated. This bill offers a few changes.

The 2006 text allowed for exceptions only if the life of the mother were in immediate danger. The 2008 version takes into account cases of rape, incest, or risk of grave health effects for the mother.

 This will be headed to the supreme court if it is ever passed and that is the intent anyway.

The referendum aims to press the US Supreme Court to overturn its 1973 Roe v. Wade decision that allowed the abortion on the basis of the right to privacy, a legal standing that has been chipped away at by subsequent cases and the nomination in 2005 of two conservative judges to the high court.

 This is designed to test the supreme court now that Chief Justice Roberts and Justice Alito have been added to the supreme court. I believe that President Bush’s supreme court nominees are going to be his ultimate long lasting legacy. Long after the war is over his nominees will still be presiding over the bench.

 The new supreme court passed their first real test with their decision on the Washington D.C. handgun ban ruling. It will be interesting to watch this vote in November. It will be even more interesting if the law is passed to see how the supreme court rules in this case.