South Dakota's unbelievable new abortion law.

News Type: Opinion — Seeded on Fri Jul 4, 2008 3:12 PM EDT

Article Source: Slate

health, abortion, medicine, free-speech, patients-rights, informed-consent, do-no-harm, doctors-rights

In 2005, South Dakota passed an unprecedented abortion law. The statute purports to be about ensuring that patients give informed consent. Planned Parenthood characterizes it differently: as an intrusion on the doctor-patient relationship, forcing doctors to give inaccurate medical facts and to be the state's ideological mouthpiece. Now, following a ruling by the U.S. Court of Appeals for the 8th Circuit, the law is about to go into effect for the first time. And the question is how it will change the experience of going to get an abortion—and whether it will open a new front in the abortion wars by encouraging other states to follow suit.

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6.7

{"commentId":2118860,"authorDomain":"yasmin"}

yasmin

The South Dakota law requires doctors to give patients who come for an abortion a written statement telling them that "the abortion will terminate the life of a whole, separate, unique, living human being," and that they have "an existing relationship with that unborn human being" that is constitutionally protected. (What does the constitutionally protected part mean? Who knows.) In addition, doctors are ordered to describe "all known medical risks of the procedure and statistically significant risk factors," including "depression and related psychological distress" and "increased risk of suicide ideation and suicide."

The court decision.

{"commentId":2118860,"threadId":"306224","contentId":"1639164","authorDomain":"yasmin"}

3 votes

#1 - Fri Jul 4, 2008 3:14 PM EDT

{"commentId":2119970,"authorDomain":"juno"}

Juno Hera

Though I also wonder what "constitutionally protected" means, I can't say I'm sad to know that a woman will be more fully informed about the nature of this procedure.

{"commentId":2119970,"threadId":"306224","contentId":"1639164","authorDomain":"juno"}

3 votes

#1.1 - Fri Jul 4, 2008 7:34 PM EDT

{"commentId":2120242,"authorDomain":"japark"}

jpark

The law seems inconsistent. It defines a fetus as a living human being but allows the termination of that living human being's life.

I suspect that the law will be challenged and may be overturned because of its inconsistency.

{"commentId":2120242,"threadId":"306224","contentId":"1639164","authorDomain":"japark"}

4 votes

#2 - Fri Jul 4, 2008 8:54 PM EDT

{"commentId":2124050,"authorDomain":"juno"}

Juno Hera

Could be. But we aren't very consistent now; If a pregnant woman is harmed by another, often the perpetrator is charged with harm to the woman and the fetus as if it is a living human being . . .??

{"commentId":2124050,"threadId":"306224","contentId":"1639164","authorDomain":"juno"}

2 votes

#2.1 - Sat Jul 5, 2008 4:44 PM EDT

{"commentId":2124170,"authorDomain":"japark"}

jpark

Yes, I know. And that represents inconsistency in different laws. This law is inconsistent in itself.

{"commentId":2124170,"threadId":"306224","contentId":"1639164","authorDomain":"japark"}

1 vote

#2.2 - Sat Jul 5, 2008 5:08 PM EDT

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YASMIN

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South Dakota's unbelievable new abortion law.

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