NY Times Editorial: A Warning From South Dakota

When President Bush's Supreme Court nominees were asked about abortion and Roe v. Wade, their answers ranged from vague to opaque. But the state legislature in South Dakota felt it heard the underlying message loud and clear. Now, South Dakota has thrown down the gauntlet. It adopted a law last week that makes every abortion that is not necessary to save the life of the mother a crime. The law is clearly unconstitutional under existing Supreme Court rulings. But its backers are hoping that the addition of John Roberts and Samuel Alito to the court will be enough to change things.

The law should be struck down because it imposes an unacceptable burden on women. But it should also serve as a warning that the threat to abortion rights has reached a new level.

South Dakota's abortion law is the most restrictive one adopted by any state since Roe v. Wade was decided in 1973. It does not contain exceptions for pregnancies that result from rape or from incest. Nor does it allow abortions that are necessary to preserve the health of the mother. The law is unlikely to go into force anytime soon. If it did, it would simply drive women — as in the pre-Roe days — to risk their lives to end their pregnancies with illegal back-alley abortions.

Gov. Mike Rounds, who signed the bill into law, said that the "true test of a civilization" was how it treated "the most vulnerable and helpless," including "unborn children." But his state has hardly been a leader in protecting vulnerable children who have left the womb. The nation's three worst counties for child poverty at the time of the last census were all in South Dakota, according to the Children's Defense Fund. Buffalo County, home to the Crow Creek Indian Reservation, was dead last.

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