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South Dakota passes abortion ban
Wed Feb 22, 2006 7:52 PM ET17

SIOUX FALLS, South Dakota (Reuters) - South Dakota's state senate voted on Wednesday for an abortion ban aimed at giving the conservative-tilting Supreme Court an opening to overturn rulings granting women the right to the procedure.

Only an unlikely veto by Republican Gov. Michael Rounds could prevent the legislation from becoming law, people on both sides of the issue said.

"We hope (Rounds) recognizes this for what it is: a political tool and not about the health and safety of the women of South Dakota," said Kate Looby of Planned Parenthood, which operates the sole clinic providing abortions in South Dakota.

"If he chooses to sign it, we will be filing a lawsuit in short order to block it," she said after attending the afternoon debate at the state capitol in Pierre.

Proponents have said the law was designed for just such a court challenge.

The timing is right, supporters say, given the recent appointments of Chief Justice John Roberts and Justice Samuel Alito to the high court. The two conservatives could pave the way to a decision overturning Roe v. Wade, the 1973 ruling said women have a constitutional right to abortion.

The high court said on Tuesday it will rule on whether the federal government can ban some abortion procedures, a case that could reveal whether the court reshaped by President George W. Bush will restrict abortion rights.

Five states have proposed similar bans, but South Dakota's legislature was the first to pass a law, which threatens to punish doctors who perform abortions with a five-year prison term and $5,000 fine.

Proposed amendments to the law to create exceptions to specifically protect the health of the mother, or in cases of rape or incest, were voted down. Also defeated was an amendment to put the proposal in the hands of voters.

The bill as written does make an exception if the fetus dies during a doctor's attempt to save the mother's life.

Two years ago, Rounds vetoed a similar bill, saying it would wipe out existing restrictions on abortion while it was fought in the courts. A rewritten bill lost narrowly.

Some legislators opposed to abortion rights questioned whether it was premature to challenge Roe v. Wade, and said litigation would prove expensive for the sparsely populated state. An anonymous donor has offered $1 million to the state to defray the costs of litigation.

South Dakota passes abortion ban (http://today.reuters.com/news/newsArticle.aspx?type=newsOne&storyID=2006-02-23T005212Z_01_N22531791_RTRUKOC_0_US-RIGHTS-ABORTION.xml)