“TO BE OR NOT TO BE” Is That Really the Mother’s Question? Francesca Fiaschetti Bree Jones Period 5 December 3, 2007 South Dakota Abortion Bill

Just a little background…… ROE vs. WADE FEDERAL LAW FEDERAL LAW January 22, 1973 January 22, 1973 One of the most significant and controversial Supreme Court cases in US history. One of the most significant and controversial Supreme Court cases in US history. Roe believed that most laws against abortion in the US violated a constitutional right to privacy under the Due Process Clause of the Fourteenth Amendment. Roe believed that most laws against abortion in the US violated a constitutional right to privacy under the Due Process Clause of the Fourteenth Amendment. This case made females have the right to choose until the fetus is viable (3 rd trimester) federally. This case made females have the right to choose until the fetus is viable (3 rd trimester) federally. States are currently challenging this law. States are currently challenging this law.

Hello?? South Dakota Anti-Abortion Law… are you there? "We must help each mother to see the value of the gift that is a child, and nurture the mother for her own sake and for the sake of her child." "We must help each mother to see the value of the gift that is a child, and nurture the mother for her own sake and for the sake of her child." - Governor Rounds - Governor Rounds Presently, since 2006, Governor Mike Rounds of South Dakota, has declared abortion illegal in most cases. Allows doctors to perform abortions only to save the lives of pregnant women, but even then encourages them to exercise "reasonable medical efforts" to both save mothers and continue pregnancies. Opponents to ban call this a contradiction to federal abortion law set forth by Roe vs. Wade. 10 other states are trying to pass similar bills. (CNN) -- South Dakota Gov. Mike Rounds signed a bill Monday that bans nearly all abortions in the state, legislation in direct conflict with the Supreme Court's Roe v. Wade decision that legalized abortion in 1973.

Republican: South Dakota has not supported Democrats since 1964 Republican: South Dakota has not supported Democrats since 1964 Race and Ethnicity: 88.5% White, 8.8% American Indian, Hispanic 2%, Black 0.8% Race and Ethnicity: 88.5% White, 8.8% American Indian, Hispanic 2%, Black 0.8% Religion: 86% Christian, 14% are either not religious or have another faith. Religion: 86% Christian, 14% are either not religious or have another faith. Well who is South Dakota? (Demographics)

Well who is South Dakota? (cont’d) Pro-life State Motto: “ Under God, the people rule.” - Religion plays a huge role in the lives of people in South Dakota It is through their Christian values that they make their decisions.

Planned Parenthood vs. Casey (1992) A case where the Supreme Court decided the constitutionality of Pennsylvania State regulations concerning abortion. A case where the Supreme Court decided the constitutionality of Pennsylvania State regulations concerning abortion. Background: Background: 5 provisions of the Pennsylvania Abortion Control Act were being challenged as unconstitutional (Informed Consent rule, Spousal Notification rule, parental consent rule, 24-hour waiting period, and reporting requirements on facilities performing the procedures) 5 provisions of the Pennsylvania Abortion Control Act were being challenged as unconstitutional (Informed Consent rule, Spousal Notification rule, parental consent rule, 24-hour waiting period, and reporting requirements on facilities performing the procedures) Pennsylvania defended the Act by saying that Roe vs. Wade was wrongly decided Pennsylvania defended the Act by saying that Roe vs. Wade was wrongly decided The Verdict: It was a divided judgment ; the court upheld the right to abortion but lowered the standards for analyzing the restrictions on those rights. Still, it held that states cannot put an “undue burden” on women getting abortions. The Verdict: It was a divided judgment ; the court upheld the right to abortion but lowered the standards for analyzing the restrictions on those rights. Still, it held that states cannot put an “undue burden” on women getting abortions.

“Undue Burden” - defined as having “the purpose or effect of placing a substantial obstacle in the path of a woman seeking and abortion of a nonviable fetus" the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus." o Translation: if women have to abide by all of these rules, they are less likely to have an abortion (which is what these states want). Laws shouldn’t discourage people from exercising their constitutional rights.

“Undue Burden” in South Dakota The South Dakota law that restricts all abortions except those to save the life of the mother, directly violates this principal. The South Dakota law that restricts all abortions except those to save the life of the mother, directly violates this principal. - it is safe to say that most pregnancies rarely threaten the life of the mother, which leaves women with only one choice: keep the baby.

Planned Parenthood vs. Casey (cont’d) Although seemingly Pro-abortion, the Casey verdict erodes abortion rights Although seemingly Pro-abortion, the Casey verdict erodes abortion rights - there is no check on whether a states regulations are putting “undue burdens” on women or not - Many women who are thinking about abortion are usually distressed and could be influenced by anything. Making them likely to make rash decisions.

Webster vs. Reproductive Health Services The state of Missouri passed a law which stated in its that "the life of each human being begins at conception" and "unborn children have protectable interests in life, health, and well-being". The state of Missouri passed a law which stated in its that "the life of each human being begins at conception" and "unborn children have protectable interests in life, health, and well-being". The provisions in question: The provisions in question: 1. provide unborn children with rights equal to those enjoyed by other persons 2. prohibits government-employed doctors from aborting a fetus they believe to be viable 3. prohibits the use of state employees or facilities to perform or assist abortions, except where the mother's life was in danger 4. prohibited the use of public funds, employees, or facilities to "encourage or counsel" a woman to have an abortion, except where her life was in danger.

Do those provisions look familiar? (we think so)  In South Dakota’s law, an abortion is allowed only to save a mother’s life.  Also, doctors are warned (more like threatened) not to perform abortions on any case other then the one mentioned above. They would be fined and jailed if caught  In the Webster case, the Missouri provisions were allowed to continue because according to the Supreme Court, they did not interfere with the Roe vs. Wade decision. (what does this say about the South Dakota law?)

Stenberg v. Carhart Controversial abortion case in Nebraska. Controversial abortion case in Nebraska. Law which made performing “ " illegal, without providing exceptions to preserve a mother's health. Law which made performing “partial birth abortion" illegal, without providing exceptions to preserve a mother's health. If a Nebraska physician even dared to perform a procedure to a women’s unborn child he could have his medical license revoked. (In other words, don’t even think about it buster) If a Nebraska physician even dared to perform a procedure to a women’s unborn child he could have his medical license revoked. (In other words, don’t even think about it buster) Law passed in the name of public morality. Law passed in the name of public morality.

“We find Nebraska Guilty as Charged…” Federal Courts immediately outlawed the law. Federal Courts immediately outlawed the law. They viewed it as infringing upon the Due Process Clause of the United States Constitution supported by the findings of preceding abortion cases. They viewed it as infringing upon the Due Process Clause of the United States Constitution supported by the findings of preceding abortion cases. Furthered the assertion made from the Parenthood vs. Casey—women should not have ”undue burden” placed upon them for getting abortions. Furthered the assertion made from the Parenthood vs. Casey—women should not have ”undue burden” placed upon them for getting abortions.

“Partial-Birth Abortion” ??? a surgical wherein an intact fetus is removed from the womb via the cervix. a surgical abortion wherein an intact fetus is removed from the womb via the cervix. Basically, they suck the fetus out of the women’s uterus with a vacuum (very nice) Basically, they suck the fetus out of the women’s uterus with a vacuum (very nice) Opponents of abortion coined the term. Opponents of abortion coined the term.

Blame it on Federalism Like South Dakota and Nebraska, Kentucky is also very tough on abortion and for the most part outlaw it unless under severe, fatal circumstances. Like South Dakota and Nebraska, Kentucky is also very tough on abortion and for the most part outlaw it unless under severe, fatal circumstances. Kentucky and South Dakota definitely are able to be so tough on abortion due to the purpose of Dual Federalism. Kentucky and South Dakota definitely are able to be so tough on abortion due to the purpose of Dual Federalism. Nebraska’s stance on abortion as depicted in the Stenberg v. Carhart case was undermined due to cooperative federalism. Nebraska’s stance on abortion as depicted in the Stenberg v. Carhart case was undermined due to cooperative federalism.

Kentucky HATES Abortion Basically bans abortion unless mother’s life is absolutely threatened. Basically bans abortion unless mother’s life is absolutely threatened. Executive= Gov. Ernie Fletcher-anti-choice Executive= Gov. Ernie Fletcher-anti-choice Legislation= House of Reps= anti-choice Legislation= House of Reps= anti-choice Senate= anti-choice Senate= anti-choice Passes a series of bills as abortion deterrents. Passes a series of bills as abortion deterrents.

Kentucky HATES Abortion? (A LOT) Biased Counseling and Mandatory Delay Biased Counseling and Mandatory Delay Women have to wait 24 hours before having an abortion and have an oral conference with a doctor who dissuades them from having an abortion. Proof of this conference has to be evident. Women have to wait 24 hours before having an abortion and have an oral conference with a doctor who dissuades them from having an abortion. Proof of this conference has to be evident. Counseling Ban/Gag Rule Counseling Ban/Gag Rule Prohibits organizations receiving state funds from counseling or referring women for abortion services. Prohibits organizations receiving state funds from counseling or referring women for abortion services. Restrictions on Medical Records Privacy Kentucky has the right to read Kentucky’s residents’ medical records and determine whether or not she’s eligible for an abortion. State Constitutional Prohibition Attempts to ban state constitutional protection for a woman's right to choose.

Kentucky you’re getting pretty intense… Bans certain physicians from performing abortions and punish physicians who do it. Bans certain physicians from performing abortions and punish physicians who do it. Mandates parental or spousal approval before a young woman or wife can get an abortion. Mandates parental or spousal approval before a young woman or wife can get an abortion. Restricts low-income women from getting abortions unless life threatening. Restricts low-income women from getting abortions unless life threatening. Kentucky allows certain individuals or entities to refuse to provide women specific reproductive health services, information, or referrals. Kentucky allows certain individuals or entities to refuse to provide women specific reproductive health services, information, or referrals. A woman may not obtain an abortion at a publicly owned hospital or other publicly owned health care facility unless the procedure is necessary to preserve her life. A woman may not obtain an abortion at a publicly owned hospital or other publicly owned health care facility unless the procedure is necessary to preserve her life.

Kentucky vs. United States Evidently, Kentucky’s rate of abortion was definitely lower than the national level of abortion due to the bans and restrictions set forth by the state of Kentucky. Also the accessibility to abortion clinics in Kentucky were very limited for only a few doctors could perform the procedures.

W.W.P.C.A.O.S.R.D? (what would a pro-choice advocate of states’ rights do?) In reference to Keenan’s argument, we feel that a pro-choice advocate of states’ rights would in this case want the federal government to step in and somehow find a way to declare the state law of anti-abortion unconstitutional. In reference to Keenan’s argument, we feel that a pro-choice advocate of states’ rights would in this case want the federal government to step in and somehow find a way to declare the state law of anti-abortion unconstitutional. He or she would not agree with her argument because regardless of who is elected nationally, the pro-choice advocate of states’ rights would place priority in the state’s decision. In her case, hopefully in favor of pro-choice. He or she would not agree with her argument because regardless of who is elected nationally, the pro-choice advocate of states’ rights would place priority in the state’s decision. In her case, hopefully in favor of pro-choice. His/Her argument should be that the state should be superior thus only electing state officials who support the His/Her argument should be that the state should be superior thus only electing state officials who support the The nationalists case would make a better argument because national law has to undergo judicial review making it have to be constitutional when it is instituted whereas a state could push for a law that’s questionably un-constitutional. The nationalists case would make a better argument because national law has to undergo judicial review making it have to be constitutional when it is instituted whereas a state could push for a law that’s questionably un-constitutional.

Nancy Keenan is CORRECT "Planned Parenthood will fight these attacks in court, in the state houses, and at the ballot boxes, to ensure that women, with their doctors and families, continue to be able to make personal health care decisions without government interference." "Planned Parenthood will fight these attacks in court, in the state houses, and at the ballot boxes, to ensure that women, with their doctors and families, continue to be able to make personal health care decisions without government interference." -CNN -CNN The result of South Dakota’s state law strengthens Keenan’s argument. Participants of The Planned Parenthood Federation of America in South Dakota’s chapter has planned to fight the South Dakota legislation. They are pushing to take their rebuttal to the Supreme Court to seek national refuge from the villainy of Governor Rounds.

Who Supports Abortion? Based upon the graph, the older you get the more conservative you become. The younger you are, the more liberal you are. Clearly seniors were opposed to abortion versus those of younger ages, especially those in the pinnacle of their pregnancy years.

Bree and Francesca… What do you think on abortion and South Dakota’s decision? Bree: “I personally am pro-life because of my religious beliefs which has influenced my belief that life is formed at conception. I am fully supportive of the anti-abortion laws set forth by South Dakota and the other states intending to follow South Dakota’s footsteps.” Bree: “I personally am pro-life because of my religious beliefs which has influenced my belief that life is formed at conception. I am fully supportive of the anti-abortion laws set forth by South Dakota and the other states intending to follow South Dakota’s footsteps.” Francesca: “For me personally, I'm pro-life because I don't think I would ever get an abortion. But, I think women should have the right to choose, even If I don’t agree. So I’m in between. In terms of South Dakota, I’m not a fan of it because it only leaves the woman with one option but I feel that women should have the right to choose only BEFORE the first trimester. ” Francesca: “For me personally, I'm pro-life because I don't think I would ever get an abortion. But, I think women should have the right to choose, even If I don’t agree. So I’m in between. In terms of South Dakota, I’m not a fan of it because it only leaves the woman with one option but I feel that women should have the right to choose only BEFORE the first trimester. ”

The question is… will we ever reach an End to this controversial issue?