““TO BE OR TO BE OR NOT TO BENOT TO BE””Is That Really the Mother’s Question?Is That Really the Mother’s Question?

Francesca FiaschettiFrancesca FiaschettiBree JonesBree JonesPeriod 5Period 5

December 3, 2007December 3, 2007

South Dakota South Dakota Abortion BillAbortion Bill

Just a little background……Just a little background……

ROE vs. WADE ROE vs. WADE FEDERAL LAWFEDERAL LAW January 22, 1973January 22, 1973 One of the most significant and controversial One of the most significant and controversial

Supreme Court cases in US history.Supreme Court cases in US history. RoeRoe believed that most laws against abortion believed that most laws against abortion

in the US violated a constitutional right to in the US violated a constitutional right to privacy under the Due Process Clause of the privacy under the Due Process Clause of the Fourteenth Amendment.Fourteenth Amendment.

This case made females have the right to This case made females have the right to choose until the fetus is viable (3choose until the fetus is viable (3rdrd trimester) trimester) federally.federally.

States are currently challenging this law.States are currently challenging this law.

Hello??Hello??South Dakota Anti-Abortion Law…South Dakota Anti-Abortion Law…

are you there?are you there? "We must help each mother "We must help each mother

to see the value of the gift to see the value of the gift that is a child, and nurture that is a child, and nurture the mother for her own the mother for her own sake and for the sake of sake and for the sake of her child." her child."

- Governor - Governor RoundsRounds

Presently, since 2006, Presently, since 2006, Governor Mike Rounds of Governor Mike Rounds of South Dakota, has declared South Dakota, has declared abortion illegal in most abortion illegal in most cases.cases.

Allows doctors to perform Allows doctors to perform abortions only to save the abortions only to save the lives of pregnant women, lives of pregnant women, but even then encourages but even then encourages them to exercise them to exercise "reasonable medical efforts" "reasonable medical efforts" to both save mothers and to both save mothers and continue pregnancies.continue pregnancies.

Opponents to ban call this a Opponents to ban call this a contradiction to federal contradiction to federal abortion law set forth by Roe abortion law set forth by Roe vs. Wade.vs. Wade.

10 other states are trying to 10 other states are trying to pass similar bills.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 Republican: South Dakota has not supported Democrats since 1964Democrats since 1964

Race and Ethnicity: 88.5% White, 8.8% Race and Ethnicity: 88.5% White, 8.8% American Indian, Hispanic 2%, Black 0.8%American Indian, Hispanic 2%, Black 0.8%

Religion: 86% Christian, 14% are either not Religion: 86% Christian, 14% are either not religious or have another faith.religious or have another faith.

Well who is South Dakota?Well who is South Dakota?(Demographics)(Demographics)

Well who is South Dakota? Well who is South Dakota? (cont’d)(cont’d)

Pro-lifePro-life State Motto: “ Under God, State Motto: “ Under God,

the people rule.”the people rule.”- Religion plays a huge - Religion plays a huge role in the lives of people role in the lives of people in South Dakotain South Dakota

It is through their Christian It is through their Christian values that they make their values that they make their decisions. decisions.

Planned Parenthood vs. Casey Planned Parenthood vs. Casey (1992)(1992)

A case where the Supreme Court decided the constitutionality of Pennsylvania A case where the Supreme Court decided the constitutionality of Pennsylvania State regulations concerning abortion. State regulations concerning abortion.

Background: Background: 5 provisions of the Pennsylvania Abortion Control Act were being 5 provisions of the Pennsylvania Abortion Control Act were being

challenged as unconstitutionalchallenged as unconstitutional (Informed Consent rule, Spousal Notification rule, (Informed Consent rule, Spousal Notification rule, parental consent rule, 24-hour waiting period, and reporting requirements on facilities parental consent rule, 24-hour waiting period, and reporting requirements on facilities performing the procedures)performing the procedures)

Pennsylvania defended the Act by saying that Pennsylvania defended the Act by saying that Roe vs. Wade Roe vs. Wade was was wrongly decidedwrongly decided

The Verdict:The Verdict: It was a divided judgment ; the court upheld the right to abortion 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 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.held that states cannot put an “undue burden” on women getting abortions.

““Undue Burden”Undue Burden”

- defined as having “the purpose or - defined as having “the purpose or effect of placing a substantial effect of placing a substantial obstacleobstacle in the path of a woman seeking and in the path of a woman seeking and abortion of a nonviable fetus" the abortion of a nonviable fetus" the purpose or effect of placing a purpose or effect of placing a substantial obstacle in the path of a substantial obstacle in the path of a woman seeking an abortion of a woman seeking an abortion of a nonviable fetus."nonviable fetus."

o Translation: if women have Translation: if women have to abide by all of these to abide by all of these rules, they are less likely to rules, they are less likely to have an abortion (which is have an abortion (which is what these states want). what these states want). Laws shouldn’t discourage Laws shouldn’t discourage people from exercising their people from exercising their constitutional rights.constitutional rights.

““Undue Burden” in South DakotaUndue Burden” in South Dakota

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

Planned Parenthood vs. Casey Planned Parenthood vs. Casey (cont’d)(cont’d)

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

Webster vs. Reproductive Health Webster vs. Reproductive Health ServicesServices

The state of Missouri passed a law which stated in The state of Missouri passed a law which stated in its that "the life of each human being begins at its that "the life of each human being begins at conception" and "unborn children have protectable conception" and "unborn children have protectable interests in life, health, and well-being".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 1. provide unborn children with rights equal to those enjoyed by other persons persons

2. prohibits government-employed doctors from aborting a fetus they believe 2. prohibits government-employed doctors from aborting a fetus they believe to be viableto be viable

3. prohibits the use of state employees or facilities to perform or assist 3. prohibits the use of state employees or facilities to perform or assist abortions, except where the mother's life was in danger abortions, except where the mother's life was in danger

4. prohibited the use of public funds, employees, or facilities to "encourage 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 or counsel" a woman to have an abortion, except where her life was in

danger.danger.

Do those provisions look Do those provisions look familiar? familiar? (we think so)(we think so)

In South Dakota’s law, an abortion is allowed only In South Dakota’s law, an abortion is allowed only to save a mother’s life.to save a mother’s life.

Also, doctors are warned (more like threatened) Also, doctors are warned (more like threatened) not to perform abortions on any case other then not to perform abortions on any case other then the one mentioned above. They would be fined the one mentioned above. They would be fined and jailed if caughtand jailed if caught

In the Webster case, the Missouri provisions were In the Webster case, the Missouri provisions were allowed to continue because according to the allowed to continue because according to the Supreme Court, they did not interfere with the Supreme Court, they did not interfere with the Roe vs. WadeRoe vs. Wade decision. (what does this say about decision. (what does this say about the South Dakota law?)the South Dakota law?)

Stenberg v. CarhartStenberg v. Carhart Controversial abortion case in Nebraska.Controversial abortion case in Nebraska. Law which made performing “Law which made performing “partial birth

abortion" illegal, without providing " illegal, without providing exceptions to preserve a mother's health.exceptions to preserve a mother's health.

If a Nebraska physician even dared to If a Nebraska physician even dared to perform a procedure to a women’s unborn perform a procedure to a women’s unborn child he could have his medical license child he could have his medical license revoked. (In other words, don’t even think revoked. (In other words, don’t even think about it buster) about it buster)

Law passed in the name of public morality.Law passed in the name of public morality.

““We find Nebraska Guilty as We find Nebraska Guilty as Charged…”Charged…”

Federal Courts immediately outlawed the Federal Courts immediately outlawed the law.law.

They viewed it as infringing upon the Due They viewed it as infringing upon the Due Process Clause of the United States Process Clause of the United States Constitution supported by the findings of Constitution supported by the findings of preceding abortion cases.preceding abortion cases.

Furthered the assertion made from the Furthered the assertion made from the Parenthood vs. Casey—women should not Parenthood vs. Casey—women should not have ”undue burden” placed upon them have ”undue burden” placed upon them for getting abortions.for getting abortions.

““Partial-Birth Abortion” ???Partial-Birth Abortion” ???

a surgical a surgical abortion wherein an intact fetus wherein an intact fetus is removed from the womb via the cervix.is removed from the womb via the cervix.

Basically, they suck the fetus out of the Basically, they suck the fetus out of the women’s uterus with a vacuum (very nice)women’s uterus with a vacuum (very nice)

Opponents of abortion coined the term.Opponents of abortion coined the term.

Blame it on Federalism Blame it on Federalism

Like South Dakota and Nebraska, Like South Dakota and Nebraska, Kentucky is also very tough on Kentucky is also very tough on abortion and for the most part abortion and for the most part outlaw it unless under severe, outlaw it unless under severe, fatal circumstances.fatal circumstances.

Kentucky and South Dakota Kentucky and South Dakota definitely are able to be so tough definitely are able to be so tough on abortion due to the purpose of on abortion due to the purpose of Dual Federalism. Dual Federalism.

Nebraska’s stance on abortion as Nebraska’s stance on abortion as depicted in the Stenberg v. depicted in the Stenberg v. Carhart case was undermined Carhart case was undermined due to cooperative federalism. due to cooperative federalism.

Kentucky HATES AbortionKentucky HATES Abortion

Basically bans abortion unless mother’s Basically bans abortion unless mother’s life is absolutely threatened. life is absolutely threatened.

Executive= Gov. Ernie Fletcher-Executive= Gov. Ernie Fletcher-anti-anti-choicechoice

Legislation= House of Reps= Legislation= House of Reps= anti-anti-choicechoice

Senate= Senate= anti-choiceanti-choice Passes a series of bills as abortion Passes a series of bills as abortion

deterrents. deterrents.

Kentucky HATES Abortion?Kentucky HATES Abortion?(A LOT)(A LOT)

Biased Counseling Biased Counseling and Mandatory Delay and Mandatory Delay

Women have to wait 24 Women have to wait 24 hours before having an hours before having an abortion and have an oral abortion and have an oral conference with a doctor conference with a doctor who dissuades them from who dissuades them from having an abortion. Proof of having an abortion. Proof of this conference has to be this conference has to be evident.evident.

Counseling Ban/Gag Counseling Ban/Gag Rule Rule

Prohibits organizations Prohibits organizations receiving state funds from receiving state funds from counseling or referring counseling or referring women for abortion services. women for abortion services.

Restrictions on Restrictions on Medical Records Medical Records Privacy Privacy

Kentucky has the right to Kentucky has the right to read Kentucky’s residents’ read Kentucky’s residents’ medical records and medical records and determine whether or not determine whether or not she’s eligible for an she’s eligible for an abortion. abortion.

State Constitutional State Constitutional Prohibition Prohibition

Attempts to ban state Attempts to ban state constitutional protection for constitutional protection for a woman's right to choose. a woman's right to choose.

Kentucky you’re getting pretty Kentucky you’re getting pretty intense…intense…

Bans certain physicians from performing Bans certain physicians from performing abortions and punish physicians who do it.abortions and punish physicians who do it.

Mandates parental or spousal approval before a Mandates parental or spousal approval before a young woman or wife can get an abortion.young woman or wife can get an abortion.

Restricts low-income women from getting Restricts low-income women from getting abortions unless life threatening.abortions unless life threatening.

Kentucky allows certain individuals or entities to Kentucky allows certain individuals or entities to refuse to provide women specific reproductive refuse to provide women specific reproductive health services, information, or referrals. health services, information, or referrals.

A woman may not obtain an abortion at a publicly A woman may not obtain an abortion at a publicly owned hospital or other publicly owned health owned hospital or other publicly owned health care facility unless the procedure is necessary to care facility unless the procedure is necessary to preserve her life.preserve her life.

Kentucky vs. United StatesKentucky 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?W.W.P.C.A.O.S.R.D?(what would a pro-choice advocate of states’ rights do?)(what would a pro-choice advocate of states’ rights do?)

In reference to Keenan’s argument, we feel that a pro-In reference to Keenan’s argument, we feel that a pro-choice advocate of states’ rights would in this case want choice advocate of states’ rights would in this case want the federal government to step in and somehow find a way the federal government to step in and somehow find a way to declare the state law of anti-abortion unconstitutional. to declare the state law of anti-abortion unconstitutional.

He or she would not agree with her argument because He or she would not agree with her argument because regardless of who is elected nationally, the pro-choice regardless of who is elected nationally, the pro-choice advocate of states’ rights would place priority in the state’s advocate of states’ rights would place priority in the state’s decision. In her case, hopefully in favor of pro-choice.decision. In her case, hopefully in favor of pro-choice.

His/Her argument should be that the state should be His/Her argument should be that the state should be superior thus only electing state officials who support the superior thus only electing state officials who support the

The nationalists case would make a better argument The nationalists case would make a better argument because national law has to undergo judicial review making because national law has to undergo judicial review making it have to be constitutional when it is instituted whereas a it have to be constitutional when it is instituted whereas a state could push for a law that’s questionably un-state could push for a law that’s questionably un-constitutional. constitutional.

Nancy Keenan is CORRECTNancy Keenan is CORRECT "Planned Parenthood will "Planned Parenthood will

fight these attacks in fight these attacks in court, in the state houses, court, in the state houses, and at the ballot boxes, to and at the ballot boxes, to ensure that women, with ensure that women, with their doctors and families, their doctors and families, continue to be able to continue to be able to make personal health care make personal health care decisions without decisions without government interference." government interference."

-CNN-CNN

The result of South Dakota’s state The result of South Dakota’s state law strengthens Keenan’s argument.law strengthens Keenan’s argument.

Participants of The Planned Participants of The Planned Parenthood Federation of America in Parenthood Federation of America in South Dakota’s chapter has planned South Dakota’s chapter has planned to fight the South Dakota legislation.to fight the South Dakota legislation.

They are pushing to take their They are pushing to take their rebuttal to the Supreme Court to rebuttal to the Supreme Court to seek national refuge from the seek national refuge from the villainy of Governor Rounds.villainy of Governor Rounds.

Who Supports Abortion?Who Supports Abortion? Based upon the Based upon the

graph, the older graph, the older you get the more you get the more conservative you conservative you become. The become. The younger you are, younger you are, the more liberal the more liberal you are. you are.

Clearly seniors Clearly seniors were opposed to were opposed to abortion versus abortion versus those of younger those of younger ages, especially ages, especially those in the those in the pinnacle of their pinnacle of their pregnancy years.pregnancy years.

Bree and Francesca…Bree and Francesca…What do you think on abortion and What do you think on abortion and

South Dakota’s decision?South Dakota’s decision? Bree: “I personally am pro-life because of my Bree: “I personally am pro-life because of my

religious beliefs which has influenced my belief religious beliefs which has influenced my belief that life is formed at conception. I am fully that life is formed at conception. I am fully supportive of the anti-abortion laws set forth by supportive of the anti-abortion laws set forth by South Dakota and the other states intending to South Dakota and the other states intending to follow South Dakota’s footsteps.”follow South Dakota’s footsteps.”

Francesca: “For me personally, I'm pro-life because Francesca: “For me personally, I'm pro-life because I don't think I would ever get an abortion. But, I I don't think I would ever get an abortion. But, I think women should have the right to choose, even think women should have the right to choose, even If I don’t agree. So I’m in between. In terms of 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 South Dakota, I’m not a fan of it because it only leaves the woman with one option but I feel that leaves the woman with one option but I feel that women should have the right to choose only women should have the right to choose only BEFORE the first trimester. ”BEFORE the first trimester. ”

TheThe question is… will we ever reach question is… will we ever reach

an an EndEnd to this controversial to this controversial

issue?issue?