South Dakota Governor Signs Abortion Ban

by Steve

Well, here comes the abortion challenge that was inevitable since Alito and Roberts got on the court: South Dakota now has banned almost all abortions. Let the appeals and unintended consequences for the GOP begin. Let’s see all of their presumptive 2008 candidates sign on to this decision to please their American Taliban base. And forget any “have it both ways” crap from the likes of McCain and others, who will hide behind the “we support states’ rights” shields. You either support a near-total ban of abortion along the lines of what South Dakota has done and what Mississippi will do, or you don’t.

Just like the way the GOP bashed Kerry over his Iraq war vote, the same applies to this. McCain, Allen, and the rest either support what South Dakota and Mississippi have done, or they don't. It is a simple question.

On a related note, this bill criminalizes physicians. How eager do you think John Roberts is to start off what he hoped would be a 20-30 year reign at the top of the court with a case that invites an equal protection argument from the American Medical Association? I mean, if the physician is a criminal for doing what the patient and the father of the fetus may want also, then why doesn't the bill criminalize them as well? Sure, it is very possible that both Roberts and Alito outright lied at their confirmation hearings, but I always got a sense that they would prefer that Roe was nibbled to death over time, and not suffer a frontal assault from the American Taliban at the opening gun.

This is a textbook case of the GOP consultant's nightmare, and Karl Rove's Frankenstein. After playing to these folks for decades and using them electorally, with no intention of ever meeting their demands, the GOP now finds itself with a landmine they created. If this law is challenged by the AMA or Planned Parenthood, and Roe is overturned by this court, then Roberts and Alito are proven to be liars, and the GOP is finally exposed, losing independent, suburban voters in 2008 and energizing the Democratic base. Plus, Smiling John Roberts and Stripsearch Sammy Alito will face hostility for the rest of their time on the court.

But what happens if the law is challenged and tossed at the appellate court? What happens if the Roberts' court decides to let the lower court decision stand?