South Dakota Governor Kristi Noem just announced that she will appeal a judge’s ruling that blocked a pro-life law from taking effect in her state.
South Dakota’s law contains a provision that requires pregnant women to consult with a pregnancy help center prior to getting an abortion, so that she has “all facts available, before deciding whether to abort her unborn child.”
The bill had been enjoined by a federal district judge, preventing it from taking effect as legal proceedings play out. Last Friday, the judge decided to keep the injunction in place, leading to this most recent announcement from Gov. Noem.
“All life is precious. Mothers should have the opportunity to hear all relevant information before they are faced with the ‘choice’ of whether to end their unborn child’s life,” said Gov. Noem in announcing the appeal.
“I look forward to the day when all life – born and unborn – is protected by law. Given that the US Supreme Court will soon decide on the constitutionality of prohibiting abortion before ‘viability,’ we are asking the 8th Circuit to recognize that the people’s legislators should have the ability to pass pro-life laws.”
In a statement, the governor’s office added, “The State of South Dakota will appeal to ensure that women considering an abortion have all of the facts regarding their unborn child and the potential risks of an abortion procedure.”
The 8th U.S. Circuit Court of Appeals is widely viewed as one of the most conservative of the 13 federal appeals courts. Ten of the 8th Circuit’s 11 members were appointed by a Republican president while just one was appointed by a Democrat.
Ever since the U.S. Supreme Court decreed abortion to be a “right” protected by the U.S. Constitution in Roe v. Wade, states have wide latitude to pass permissive abortion laws. For example, New York passed a law in 2019 that allows a women to abort her child at any point during pregnancy.
And yet, thanks to Roe, states that pass bills to protect preborn babies from abortion frequently see their laws tied up in court.
As Gov. Noem alluded to, the U.S. Supreme Court will hear a very important case from Mississippi in its upcoming term that could lead to an overruling of Roe v. Wade. Please be in prayer for the justices on the court – that they may see clearly that abortion is not a “right” protected by the U.S. Constitution and decide to grant states greater latitude to protect preborn life.
To help Americans see life in the womb, Focus on the Family will host See Life 2021 on August 28th in Dallas, Texas. It will feature inspiring worship, amazing pro-life stories and a live ultrasound. Learn more about the event here.
The case is Planned Parenthood v. Noem.
Photo from Shutterstock.