South Dakota Gov. Kristi Noem called on the state Legislature to pass a law banning abortion after a fetal heartbeat is detected.
During her State of the State speech Tuesday, the governor said she will be “bringing legislation” forward on the issue. She also called on the Legislature to restrict telemedicine abortions and chemical abortions in state law — something she previously restricted through executive order.
SOUTH DAKOTA COMMITTEE VOTES TO BLOCK TELEMEDICINE ABORTIONS
“I look forward to the day when all unborn lives are protected. The Supreme Court has a historic opportunity to make that a reality,” she said in her speech. “There is more we can do. Every human life is unique in a truly beautiful way from the moment that they are conceived.”
A fetal heartbeat can be detected at about six weeks into a pregnancy, according to the American Pregnancy Association. Some scientists dispute that assessment and argue that an ultrasound can only detect “electrical activity from cells that aren’t yet a heart,” according to NPR.
Noem previously expressed interest in expanding the state’s abortion restrictions after the U.S. Supreme Court declined to block the Texas Heartbeat Act in September. The Texas bill banned most abortions in the state after six weeks of gestation.
Following the Supreme Court’s decision to leave the pro-life TX law in place, I have directed the Unborn Child Advocate in my office to immediately review the new TX law and current South Dakota laws to make sure we have the strongest pro life laws on the books in SD.
— Governor Kristi Noem (@govkristinoem) September 2, 2021
Texas delegated enforcement of its provisions to private citizens through civil lawsuits. Precedents set in Roe v. Wade and Planned Parenthood v. Casey block states from implementing restrictions that impose an “undue burden” on women seeking abortions, according to the Legal Information Institute. This generally means that states cannot restrict abortion access before fetal viability.
The Texas law attempts to get around the Supreme Court precedents by relying on civilian enforcement of the law instead of state enforcement. It is currently being challenged in the lower courts. The Supreme Court is also deliberating on Dobbs v. Jackson Women’s Health Organization, which poses a direct challenge to the Roe and Casey precedents.
When asked about the mechanics of how Noem’s proposal would work, a spokesperson told the Washington Examiner that “specifics on legislation will be forthcoming in the next few days.”
The governor said South Dakota is ready to “protect every unborn South Dakota child” as soon as the Supreme Court overturns the Roe and Casey precedent.
Noem said in her speech that abortions in the state dropped 80% in 2020 from the prior decade. She also touted a bill she signed into law last March that restricts women from seeking an abortion after a fetal diagnosis of Down syndrome.
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Legislators in attendance for her speech applauded her when she talked about her anti-abortion initiatives. Leaders in the Legislature such as Speaker Pro Tempore Jon Hansen praised her abortion policies. The Legislature in South Dakota is currently controlled by Republicans.
In a statement to the Washington Examiner, Kristin Hayward, manager of advocacy for Planned Parenthood Minnesota, North Dakota, and South Dakota Action Fund, criticized the proposal.
“We know most South Dakotans support the right to safe, legal abortion, but Gov. Noem is confusing abortion procedures, spreading misinformation, and leading a vocal minority to take away our reproductive freedom,” she said.
