This abortion ban in South Dakota has me really worried

[DemGirl7]

I know there are people on DU who say that there is no chance it will get to SCOTUS, but I'm worried it will, I just have a really bad feeling about this. I mean the fundies are some pretty determined people, and they now have, in my view, their hands all over the government, heck they basicly makeup the Republican party and its support system.
And then there are those who say if it does get to SCOTUS, it will be overturned. My problem with that is look at the make up of SCOTUS, I mean, Yes, we now have at least five who would probably uphold Roe(Breyer, Stevens, Souter, Ginsburg,& Kennedy) and two who are probably just itching to get rid of it(Scalia, & Thomas)and two would probably get rid of it, but(Roberts & Alito)but my worry is that this makeup will soon change by the time it gets to SCOTUS, Stevens is turning 86 this year and there many rumors that he will retire real soon, possibly at the end of this term. I've also heard rumors about Ginsburg possibly retiring.
This has me really worried, because if only one or both of them retire before this case was to get SCOTUS, and during the reign of *, or any other Republican, you know the replacements would be another Scalia/Thomas clone, because the Repugs always like throw a bone to the fundies like Dobson, Falwell & Robertson when it comes Judicial nominees, we have all seen types that * has nominated in the past, and I doubt we will get lucky with another Souter, since the Federal courts are being packed as we speak with little rightwing freaks.
Also if they get this prize, I'm sure they would push even futher and try to get rid of birth-control too. Does anyone feel this way too? I'm sorry if I sound like a debbie-downer, but I'm just really worried.

[politicaholic]

1. I'm just worried that there'll be way more South Dakotans...

If the parents didn't want them what makes the anti-choice people think that the rest of the US wants them. Yeesh!

[SeattleGirl]

2. I keep thinking about what Randi Rhodes says:

The Republicans really cannot afford to get rid of Rov v. Wade, as it is their biggest hot-button issue. Yes, the gay marriage thing gets lots of people hot too, but not nearly as much as abortion rights. I think the Repukes are content to chip away at the right to legalized, safe abortions, because they can get more mileage out of chipping away than they can but just dumping it outright.

[slackmaster]

7. She's right - My mom was pro-RvW even when she was a Republican

Plenty of Republican women remember the bad old days of the patchwork of laws we had before RvW.

[SeattleGirl]

8. I bet they do!

And I have a feeling that Republican, as well as Democratic women will not take the demise of Roe v. Wade sitting down.

[napi21]

3. SD is only the first of several states they're doing this in.

That's their plan...to get enough outragious laws passed in enough states that it will have eto be decided by the SCOTUS! They've been fighting this battle for 30+ years and they're tired waiting. They wnat it decided NOW!

I don't want to say I'm not concerned, but I want the damn thing to go the the SCOTUS now too! I'm tired of all this damn division over an issue that I don't think has any place in any court to begin with!

I believe Roe has a decent chance of surviving this, and I'd LOVE to see these fundies have to go home and cry in their own beer!!!!! Remember, there are still 5 members of the Court who voted to keep Roe as settled law. That makes the decision 5-4.

[CornField]

4. My personal take on it -- it's a no-win situation for the GOP

Option 1 -- the SD legislation is approved by the governor and heads to court. The court allows the law to stand as written.

In this option, you'll have 90% of the country screaming their freaking heads off because they didn't understand a ban on abortion would also be a ban on birth control. You'll also have lawsuit upon lawsuit filed as women learn they are carrying fetuses with severe deformity or abnormality (such as anencephaly). Such children have absolutely no hope of survival past birth (the longest one has been known to survive is a few hours) and have a high risk of death within the womb if other conditions are present. When this happens (the death of the fetus) the body does not move to abort on its own and infection sets in. Infection can lead to many further medical issues including death of the mother. Since the mother is not in immediate risk from the anencephaly, however, this legislation would force the woman to continue the pregnancy until such a time when her life was at risk (after infection is already present).

The backlash from only these two items will be severe.

Option 2 -- the SD legislation is approved by the governor and heads to court. The court does not allow the law to stand.

In this option, the GOP base will be livid. Look at it from their viewpoint: two new appointments to the SCOTUS and still Roe v Wade stands as the law. Frankly, I doubt even same-sex marriage will be enough to draw the base back. They will flock from the GOP to a third party or simply not vote at all.

[skipos]

5. Every poll I have seen indicates that most people want abortion at least

mostly legal.

This is from a CNN 2004 election exit poll.

Voters that think abortion should be
Always Legal (21%)
Mostly Legal (34%)
Mostly Illegal (26%)
Always Illegal (16%)

And once people realize their rights are being taken away from them, I think they will come out in droves to protect themselves. A lot of people are taking it for granted right now.

[NC_Nurse]

6. No parent of girls

like me, would want their daughter forced to bear a rapist's spawn. Nor would we agree to risk her health or have her go through the agony of a doomed child's stillbirth or slow death over a few weeks or months from an anomaly that is known during the pregnancy. I don't know what these fundie assholes think fetal pain is compared to newborn's pain or infant's pain when they are doomed from the start. I think the right to lifers should do mandatory volunteer work in the NICU and PICU before they can raise their voices on this issue. Maybe they'd like to staff the ER as counselors to rape and incest victims too, while they're at it. :mad:

[SeattleGirl]

10. I have a daughter, and if her right to a safe, legal abortion is

taken away, you can bet I'll fight tooth and nail. Hell, I'm fighting tooth and nail now. No way should ANY woman be forced to carry a fetus to term, particularly if the pregancy is the result of rape or incest, or if ther eis something very seriously wrong with the fetus. :grr:

[IsItJustMe]

9. I see long court battles ahead.

It's hard to say exactly how this is going to go down; but I agree, there is plenty of reason to be concerned.

I read somewhere that five other states are considering such actions. It looks like this is going to be a long haul proposition.

Decisions, appeals, legislatures and on and on. So the best advice I can give you is to hang in there and get ready for a long fight.

[MnFats]

11. this is how they're going to get rid of abortion, believe me...

...
this will be the test case for the nation.
and in SoDak, it's hard to be an outspoken abortion rights supporter. sparsely populated; everyone knows everyone and where they live....churches with inordinate influence...

[DanCa]

12. Can we now start picketing these creeps?

Cmon nows the time for us to show strength. I say the religious right are nothing but bullies and how do you beat a bully? You hit them hard in the nose and then they'll go away. Imagine if DU shows up with its 80000 plus memembers enforce and protest the Bishop council? They'll back off quick.

[fairfaxvadem]

13. I've had second thoughts myself.

I used to think: "Nah, the GOP Right-wingers will never get rid of their # 1 money maker." (Other than the "hillary is coming! hillary is coming!" ever-popular fundraiser.)

But now I think that there is a core of "true believers" who DON'T see this as a political wedge issue to keep their base fired up, and who have made enough headway in certain state and local political bodies to press forward with this agenda.

And I think that alot of the GOPers who didn't mind using it as a wedge issue because they felt that it was a sure-loser in the courts but kept them elected, are also in for a big surprise.

I'm betting South Dakota will lose at the Supreme Court, Scalito or no Scalito, but I'm sure it is going to get everyone's attention when and if it is put on the docket. At a minimum, I doubt any of the justices will take too kindly to a case that is meant to do nothing more than "bait" them.