Challenge to Roe v Wade heating up in South Dakota.
The House of Representatives of South Dakota has passed new legislation to ban abortion except in cases where the life of the mother is endangered. (*) (†)
If passed and signed into law, the legislation will result in a legal challenge before federal courts of the constitutional propriety of Roe v Wade. Such litigation could reach the Supreme Court in a few years. The last major challenge to Roe was Planned Parenthood v Casey in 1991. In that ruling, the right to an abortion was upheld 5–4.
Rumors suggest that up to four Supreme Court Justices may retire soon. These include Chief Justice Rehnquist, Justice Stevens, Justice O’Connor, and Justice Ginsburg. Of these four, three would vote to uphold Roe and Casey. The president elected in 2004 will likely make one or more new appointments before a South Dakota abortion case could reach the High Court. If Bush is reelected, his appointments could tip the majority against abortion rights.
Hence, abortion may become an issue in the 2004 campaign.