South Dakota governor signs abortion ban law

CHICAGO -- The Republican governor of South Dakota yesterday signed a law banning nearly all abortions in the state, directly challenging the US Supreme Court's legalization of the practice 33 years ago.

The action cleared the path for a legal battle that will take years to resolve, Governor Mike Rounds predicted. Forces on both sides of the issue immediately began to mobilize.

Abortion opponents hope to use the South Dakota law to eventually bring the issue back to the high court, where they believe conservatives added to the bench by President Bush and others who may join it in the future could weaken or dismantle the court's landmark Roe v. Wade decision of 1973.

The measure, passed by the Legislature on Feb. 24, would ''eliminate most abortions in South Dakota," Rounds said in approving the law.

NARAL Pro-Choice America, which backs abortion rights, put an emergency appeal for money on its website, urging its supporters to help with a costly battle.

''This law is a monumental setback for women in South Dakota and across the country," said Nancy Keenan, president of the group. ''Antichoice politicians in 11 other states are pushing similar bans. President Bush has created a climate with his judicial appointments in which antichoice lawmakers feel emboldened."

David Bereit, executive director of the American Life League, called the South Dakota development ''tremendously encouraging news."

He predicted the law and similar measures emerging in other states would ''accelerate the appeals process" and bring the matter back before the high court.

Backers of the legislation ''believe that abortion is wrong because unborn children are the most vulnerable and most helpless persons in our society. I agree," Rounds said.

''Because this new law is a direct challenge to the Roe v. Wade interpretation of the Constitution, I expect this law will be taken to court and prevented from going into effect this July. That challenge will likely take years to be settled."

The law bans abortion in most cases, punishing doctors who perform one with five years in prison and a $5,000 fine. It bans abortion in cases where a woman is pregnant as a result of rape or incest, or if giving birth would damage the health of the mother.

It creates a narrow exemption in cases in which a physician's effort to save a pregnant woman's life results in accidental death or injury of her fetus.

No suits against the law were filed immediately. But Planned Parenthood, which operates the sole abortion clinic in South Dakota, said it was preparing a challenge. About 800 abortions are performed at the Planned Parenthood clinic each year by doctors from neighboring Minnesota.

''All options are being considered at this time," said Kate Looby, state director for Planned Parenthood. The governor, she said, ''cares more about politics than about the reproductive freedom of women in South Dakota."

Looby said, ''Our doors remain open. We will not be closing, hopefully never."

She said the group was looking at how best to take on the law in court and also considering the possibility of putting the matter up for a statewide referendum. She said a majority vote against it would prevent the law from taking effect.

According to the antiabortion group Operation Rescue, the abortion issue has never been put before South Dakota voters.

Even before Rounds signed the measure into law, backers in South Dakota said an anonymous donor had pledged $1 million to help the state fend off legal challenges to it.