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DanCa Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-06-06 10:56 PM
Original message
SD abortion law question.
Okay I want to go on record first as saying that I think this law is animalistic, and barbaric.
Now I was wondering if SD made it illegal to seek abortions outside the state and than return to SD. The reason why I am asking this because when I went to DC last month I heard a preacher saying that this is what they had in mind for people who want stem cell research. I.E. Ban the people who recieve stem cell therapy and than bar people from recieving the research in another state or country. I was wondering if the SD ban law is applying this tactic to abortion.
Thanks everyone and be good to each other. :hug: Peace and love everyone. Now more than ever we need each other.

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tritsofme Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-06-06 11:00 PM
Response to Original message
1. That sounds like it would be tantamount to a state regulating
inter-state commerce.

That is the sole domain of the federal government, and would probably be ruled unconstiutional.

This otherwise unconstiutional law did not make such a regulation IIRC.
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Ignacio Upton Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-06-06 11:03 PM
Response to Reply #1
2. I'm surprised they didn't insert a provision like that one
Into their abortion bill. I thought the GOP strategy was to gradually chip away at Roe vs. Wade by having selected parts of abortion rights revoked, instead of outright overturning it.
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tritsofme Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-06-06 11:05 PM
Response to Reply #2
4. This bill is ment to do nothing besides rile up the base.
If they were seriously looking to overturn Roe, an exception for health/rape/incest would have been made.

This won't even make it to the SCOTUS.
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kestrel91316 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-06-06 11:46 PM
Response to Reply #1
7. Well, don't lets go giving the RW any cockamamie ideas.........
Edited on Mon Mar-06-06 11:47 PM by kestrel91316
it would be a snap for them to pass a FEDERAL law prohibiting women of childbearing age from traveling to another state for the purpose of obtaining an abortion.

Don't think for one minute they don't have this one already written and waiting to whip out like they did the Patriot Act.
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-06-06 11:04 PM
Response to Original message
3. That's exactly what they want to do, criminalize any woman
who crosses their precious state line to get the medical care she needs.

That's the one that will cost them the most.

Personally, I think the governor should be mailed every used tampon and pad by every woman of childbearing age so that he can personally inspect the contents to make sure an inadvertent "abortion" hasn't occurred without the woman knowing it. I'm sure he'd enjoy it tremendously.
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niyad Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-06-06 11:07 PM
Response to Reply #3
5. I'm surprised those nutcases haven't demanded something like that,
the pregnancy police patrol on duty!!
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Inland Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-06-06 11:25 PM
Response to Original message
6. Here's the text:
http://womensissues.about.com/cs/abortionlaw/a/sdabortionban_2.htm

My read is that there's no penalty for a woman at all, therefore she isn't going to be prosecuted regardless of where she has the abortion.

There's nothing about out of state doctors, and usually criminal laws don't extend out of state. If a SD woman shows up at the door in MN, and she gets an abortion, I don't see how there could be a crime.

But if I lived in SD, I wouldn't lend a pregnant woman my car. The possibility of a wide net being cast for "abettors" makes it a danger.

By the bye, we all know why women are left out and traveling to another state for an abortion isn't made a crime. Everyone is SD is keeping his or her options to travel to MN open. It's a bullshit law drafted to avoid making a difference to anyone except for a few isolated rural people and their out of families.
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Mr. Blonde Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-07-06 12:58 AM
Response to Reply #6
11. This seems to still allow Plan B
At least that is my read of it.
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Inland Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-07-06 07:11 AM
Response to Reply #11
13. Plan B would be banned
As I understand it, Plan B would cause a termination after the penetration of ovum by sperm. The definitions clearly include all terminations after that point.

http://womensissues.about.com/cs/abortionlaw/a/sdabortionban_3.htm
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Iris Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-07-06 08:01 AM
Response to Reply #13
16. Therefore, no IUD and possibly some forms of the pill.
Nice.
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Inland Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-07-06 08:16 AM
Response to Reply #16
17. I suspect one wouldn't know
all the forms of what would normally be considered contraception will be banned until one of the sixty or so county prosecutors start writing letters threatening pharmacies, and there's a conviction or two.
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Mr. Blonde Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-07-06 03:41 PM
Response to Reply #13
18. You couldn't punish someone for using Plan B
though, because it would be used before any woman can know she was pregnant which is a stipulation of the law.

Nothing in section 2 of this Act may be construed to prohibit the sale, use, prescription, or administration of a contraceptive measure, drug or chemical, if it is administered prior to the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure is sold, used, prescribed, or administered in accordance with manufacturer instructions.
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Inland Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-07-06 08:49 PM
Response to Reply #18
20. But "contraception" is undefined.
Whether Plan B is given before or after a woman knows she is pregnant is not relevant, if it is not a contraceptive. Certainly the anti choice crowd thinks it is not and somebody is going to assert that it is an abortifacient.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-06-06 11:48 PM
Response to Original message
8. It is illegal in Kansas
to go outside the state for stem cell treatment and then come home.
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in_cog_ni_to Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-07-06 12:53 AM
Response to Original message
9. I don't know if SD went that far, but Ohio wants to. Here's their plan:
Edited on Tue Mar-07-06 12:55 AM by in_cog_ni_to
State Representative Tom Brinkman has introduced House Bill 228 which will ban all abortions in Ohio, without exception. This bill will also prohibit the transportation of women across state lines to get an abortion and do so much more. Read more to be informed about this dangerous legislation.


House Bill 228 will make it illegal to perform any abortion on a woman, even if her life is at risk, or she was a victim of sexual assault. It would place felony penalties on anyone who attempts to coordinate an abortion for a minor, and would make it a felony to transport a woman across state lines to obtain an abortion, even to save her life. Just picture the state putting a husband in jail for 15 years just for driving her across state lines to obtain an abortion that will save her life. This is what will happen in Ohio if this law is passed.


This bill is purposefully unconstitutional, according to a Columbus Dispatch story on April 20, 2005. Anti-choice lawmakers hope this bill will be used to overturn the U.S. Supreme Court ruling of Roe v. Wade which legalized abortion in 1973. This challenge could be successful if President Bush has the chance to appoint two new justices to the U.S. Supreme Court.


Take action today on this issue and tell your legislators that we need legislation to protect the health of women in our state, not legislation that will force women into the hands of back alley butchers. One thing we learned in the years leading up to Roe was that outlawing abortion does not make it stop, it just forces women to risk their lives to get one.


http://www.prochoiceohio.org/s11issues/200504221.shtml
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DanCa Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-07-06 12:55 AM
Response to Reply #9
10. Damn I think Ohio needs a statewide Bong hit. (nt)
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in_cog_ni_to Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-07-06 01:00 AM
Response to Reply #10
12. LOL! Ya think?
They're fucking insane! I have a repuke SIL that lives in Ohio and will probably support this.:grr: Their SICK. They will regret the day they overturn Roe and that's why they're doing this...to chip away at Roe v. Wade. What ever will their wedge issue be then?
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pookieblue Donating Member (517 posts) Send PM | Profile | Ignore Tue Mar-07-06 07:55 AM
Response to Original message
14. good gosh...
do these people even care if women die? Are we nothing but baby making machines???? I am so sick and freaking tired of these people!!!!!!!!!!!!


oh and this

' heard a preacher saying that this is what they had in mind for people who want stem cell research. I.E. Ban the people who recieve stem cell therapy and than bar people from recieving the research in another state or country."

they have no hearts. NONE.
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bunkerbuster1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-07-06 07:58 AM
Response to Reply #14
15. "Are we nothing but baby making machines?"
That's a big N-O, good buddy.
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BushOut06 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-07-06 03:44 PM
Response to Original message
19. But stem cell research & therapy isn't banned here...
My understanding was that the technology itself wasn't banned, just that Congress banned federal dollars from funding stem cell research involving embryonic cells.

I wouldn't be surprised to hear that some congressmen want to actually ban the technology outright, though.
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