National Partnership for Women & Families

South Dakota | In the News

Laws Criminalizing Pregnancy 'Subsume Women's Rights' to Those Granted to Fetuses, Columnist Writes
At both the state and federal level, courts are "impos[ing] additional punishments on women by dint of the fact they were pregnant" when their actions occurred, Daily Beast columnist Emily Shire writes.

L.A. Times Profiles Abortion Provider at S.D.'s Only Clinic
In a Los Angeles Times profile, physician Carol Ball -- medical director for Planned Parenthood of Minnesota, North Dakota, South Dakota -- discusses the difficulties she faces in providing abortion care at South Dakota's lone abortion clinic amid increasing restrictions on the procedure in the state and across the U.S.

States Slow Pace of Antiabortion-Rights Legislation, But Restrictions Up Overall, Guttmacher Report Shows
States passed fewer abortion restrictions in the first half of this year compared with the same time period in any of the past three years, but state laws restricting abortion access continue to vastly outnumber those expanding access, according to a new report from the Guttmacher Institute, Vox reports.

Featured Blogs
"Celebrating 10 Years of Paid Family Leave in California -- Now Let's Get the Word Out!" (Shriver, Huffington Post blogs, 7/2) and "While You Were Paying Attention to Hobby Lobby, it Got Harder To Get an Abortion" (Culp-Ressler, "ThinkProgress," Center for American Progress, 7/6).

S.D. Bill Banning Abortions Based on Fetus' Sex Heads to Gov.
The South Dakota House on Tuesday approved a bill (HB 1162) that would ban abortions based on the sex of the fetus, sending the measure to Gov. Dennis Daugaard (R) for consideration, the AP/Rapid City Journal reports.

Proposed Changes to S.D. Pre-Abortion Counseling Law Head to Gov.
The South Dakota Senate on Tuesday approved a measure (HB 1180) that would modify the state's pre-abortion counseling and mandatory delay law by prohibiting crisis pregnancy centers from affiliating with adoption agencies, the Rapid City Journal reports.

S.D. Senate Panel Deadlocks on Ban on Abortions Based on Sex of Fetus
A South Dakota Senate panel on Monday heard arguments about potential racial profiling under a bill (HB 1162) that would ban abortions based on the sex of the fetus, the AP/Sacramento Bee reports.

Featured Blog
"South Dakota Legislators Openly Discriminate Against Asian Immigrants To Pass Sex-Selective Abortion Ban" (Bayetti Flores, Feministing, 2/27).

S.D. Advances Ban on Abortions Based on Sex of Fetus, Rejects Down Syndrome Bill
The South Dakota House last week passed a bill (HB 1162) that would ban abortions based on the sex of the fetus, while a legislative committee rejected a measure (HB 1240) that would have banned abortions if the fetus was diagnosed with Down syndrome, the AP/Atlanta Journal-Constitution reports.

Featured Blogs
"10 Dangerous Anti-Abortion Bills That Are Already Gaining Traction This Year" (Culp-Ressler, "ThinkProgress," Center for American Progress, 2/18) and "The Failures of Abstinence-Only Education Illustrated in 2 Charts" (Culp-Ressler, "ThinkProgress," Center for American Progress, 2/20).

Second-Trimester Abortion Ban is Latest Tactic in State Battles
The South Dakota Legislature is likely to pass a bill (HB 1241) that would effectively ban abortions after the first trimester, an unprecedented restriction that could create a model for antiabortion-rights lawmakers in other states, Politico Magazine reports.

Featured Blog
"The 5 Most Egregious Antiabortion Proposals of 2014 (So Far)" (McDonough, Salon, 2/17).

S.D. House Advances Bill on Prenatal Care for Undocumented Immigrants
The South Dakota House on Monday passed a bill (HB 1158) that would allow the state to offer prenatal care to low-income, undocumented immigrants, the AP/Atlanta Journal-Constitution reports.

Abortion-Rights Opponents Succeeding With State-Level Bans on Abortion Coverage
Although a federal bill restricting abortion coverage is not expected to advance beyond the House, abortion-rights opponents have prohibited most health plans from offering such coverage in many states, Mother Jones reports.

Confusion Over N.D. Abortion Restrictions Likely Driving Women to Other States
The number of abortions at North Dakota's sole abortion clinic has dropped by nearly 15% over the past year, which the facility's director attributes in part to confusion over new abortion restrictions in the state, the AP/ABC News reports.

Law Pitting 'Fetal Protections' Against Pregnant Women's Rights Faces First Federal Lawsuit
A lawsuit filed this month is the first test in federal court for a 1998 Wisconsin law (Act 292) allowing child-welfare officials to forcibly confine pregnant women who allegedly use illegal drugs or alcohol "to a severe degree" and refuse to accept treatment, the New York Times reports.

New York Times, Daily Beast Op-Eds Criticize N.D. Abortion Restrictions
Recent opinion pieces in the New York Times and Daily Beast responded to the passage of antiabortion-rights measures in North Dakota and other states.

S.D. Gov. Signs Bill To Lengthen Waiting Period Requirement
South Dakota Gov. Dennis Daugaard (R) on Friday signed into law a bill that excludes weekends and holidays from the state's 72-hour waiting period before abortions, which would extend the wait to six days for a woman who seeks an abortion the Friday before a three-day weekend, Reuters reports.

S.D. Lawmakers, Gov. Close To Agreement on Expanding Prenatal Care
The South Dakota Senate Health Committee on Monday rejected a bill (HB 1214) that would have provided prenatal care to undocumented immigrants, but lawmakers and Gov. Dennis Daugaard (R) are working on a deal to attach the measure to the state budget, which lawmakers expect to pass this week, the AP/Atlanta-Journal Constitution reports.

Featured Blogs
"Some Arkansas Legislators do the Time Warp; Pass Most Extreme Abortion Bill in the Nation" (Hayley Smith, ACLU's "Blog of Rights," 2/28) and "States With the Highest Teen Pregnancy Rates Lack Adequate Sex Ed Requirements" (Rebecca Leber/Adam Peck, Center for American Progress' "ThinkProgress," 3/1).

S.D. Senate Advances Bill To Extend 72-Hour Waiting Period Provision
The South Dakota Senate on Thursday voted 24-9 to approve a measure under which weekends and holidays would not count toward a mandatory three-day waiting period for women seeking abortions in the state, Reuters reports.

Forty Years After Roe v. Wade, Women Still Caught in 'Political Fight,' New York Times Columnist Writes
In the 40 years since the Supreme Court issued its ruling in Roe v. Wade, "women seeking abortions have been put through a lot of unnecessary trauma" by laws that force them to travel far distances to obtain the procedure and comply with requirements like mandatory ultrasounds and waiting periods, New York Times columnist Gail Collins writes.

Crisis Pregnancy Centers Gain Sway Within Antiabortion-Rights Movement
Crisis pregnancy centers -- aided by new strategies, state funding and legislative support -- are playing an increasingly influential role in the movement to restrict abortion-rights, the New York Times reports.

States in 2012 Passed Second-Highest Number of Abortion Restrictions Ever, Guttmacher Finds
States passed 43 abortion restrictions in 2012, a "sharp decrease" from 2011 but nonetheless the "second-highest number" enacted in a single year, according to a new study by the Guttmacher Institute, The Hill's "Healthwatch" reports.

Time Examines Challenges Facing Abortion-Rights Movement 40 Years After Roe v. Wade
Since the Supreme Court's decision in Roe v. Wade 40 years ago this month, abortion-rights advocates have gradually lost public support, while their opponents have increasingly tilted public opinion in their favor and successfully restricted abortion at the state level, according to Time.

Planned Parenthood Drops Appeal of S.D. 72-Hour Waiting Period Provision
Planned Parenthood of Minnesota, North Dakota, South Dakota on Dec. 21 dropped its appeal of a South Dakota provision that requires a woman to wait 72 hours before obtaining an abortion, the AP/Washington Post reports.

State Laws Hinder Access to Abortion Information, Limit Women's Options, Experts Say
Although abortion is legal in the U.S., state laws are making it increasingly difficult for women to obtain abortions or even to get information about the procedure, the AP/Washington Post reports.

Featured Blogs
"Abortion Rights and Judicial Bias in Texas Planned Parenthood Decision" (Jessica Mason Pieklo, RH Reality Check, 8/27) and "Our Bodies, Our Votes" (Judy Norsigian, WBUR's "Cognoscenti," 8/30).

Recent Court Rulings Fail To Preserve Women's Constitutional Rights, New York Times Editorial States
"At a time when abortion rights and women's access to affordable contraception are threatened by political attacks, judges in three newly decided federal cases failed to preserve constitutional protections for women," a New York Times editorial states.

S.D. Taxpayers Foot $377,735 Bill To Defend Antiabortion Law
The defense of a 2005 South Dakota abortion law has cost taxpayers $377,735, according to the state Attorney General's Office, the Sioux Falls Argus Leader.

Federal Appeals Court Upholds S.D. Abortion Law's Suicide Clause
The full 8th U.S. Circuit Court of Appeals on Tuesday upheld a provision of a South Dakota abortion informed consent law that requires physicians to tell women that abortion increases the risk of suicide, the Sioux Falls Argus Leader reports.

Report Notes 40 Laws Enacted in 15 States That Could Hinder Women's Access to Abortion Care, Reproductive Health Service
U.S. women increasingly face barriers to obtaining reproductive health services as states continue to pass laws restricting access, according to a report released on Wednesday by the Center for Reproductive Rights, Reuters reports.

Antiabortion Groups Target States With One Abortion Provider
While the fight plays out over a Mississippi law (HB 1390) that adds new restrictions on abortion providers, abortion-right opponents are pushing similar measures in other states that have only one surgical abortion provider, Politico Pro reports.

High Number of State Abortion Restrictions Marked by Increased Focus on 'Fetal Pain' Bills
The number of state-level abortion restrictions is approaching record-setting levels again this year, a fact that some abortion-rights opponents attribute to their increased focus on so-called "fetal pain" legislation, Stateline/Kaiser Health News reports.

Judge Allows Some Parts of S.D. Abortion Law To Take Effect
A federal judge on Wednesday ruled that South Dakota may begin requiring physicians to ask women various screening questions before an abortion, but other provisions in the same law will remain blocked until she rules on a lawsuit challenging the statute, the AP/San Francisco Chronicle reports.

Utah Governor Signs Bill Requiring 72-Hour Waiting Period Before Abortion
Utah Gov. Gary Herbert (R) on Tuesday signed into law a bill (HB 461) that will extend the waiting period for women seeking abortion care to 72 hours, the Salt Lake Tribune reports.

S.D. Senate Approves Bill To Modify Abortion Counseling, Waiting Period Law
The South Dakota Senate on Thursday voted 26-7 to pass a bill (HB 1254) that would alter a 2011 law that mandates a 72-hour waiting period and counseling at a crisis pregnancy center before abortion care, the AP/NECN reports.

S.D. House Passes Bill To Modify Abortion Counseling Law
The South Dakota House on Monday approved a bill (HB 1254) that would alter a 2011 law that mandates counseling at a crisis pregnancy center and a 72-hour waiting period before abortion care, the AP/Mitchell Daily Republic reports.

S.D. Committee Proposes Changes to CPC Counseling Requirement
The South Dakota House Judiciary Committee on Wednesday voted 10-2 to approve a bill (HB 1254) that would alter a state law requiring women to obtain counseling at crisis pregnancy centers and wait 72 hours before receiving abortion care, the AP/Sioux Falls Argus Leader reports.

S.D. House Panel Kills Measure To Ban False Advertising by Crisis Pregnancy Centers
A South Dakota House committee on Thursday unanimously rejected a bill that would have prohibited false advertising by crisis pregnancy centers, the AP/NECN reports.

Federal Judge Allows Two Crisis Pregnancy Centers To Enter Case Against S.D. Abortion Law
U.S. District Chief Judge Karen Schreier has allowed two crisis pregnancy centers to intervene in a court case involving a South Dakota law that requires women seeking an abortion to wait 72 hours before the procedure, the Aberdeen News reports.

S.D. Seeks Full Appellate Court Review of Suicide Clause in Abortion Law
South Dakota officials and antiabortion-rights organizations on Friday petitioned a federal appeals court to conduct an en banc review of its decision to strike down part of a 2005 state law that would require physicians to tell women that abortion increases the risk of suicide, the Sioux Falls Argus Leader reports.

Appeals Court Upholds Much of S.D. 'Informed Consent' Law
The Eighth U.S. Circuit Court of Appeals on Friday upheld parts of a South Dakota law requiring physicians to inform women seeking abortion care that they have an "existing relationship" with the fetus protected by law and that they cannot be forced to have the procedure, the AP/Washington Post reports.

S.D. 72-Hour Waiting Period Law Temporarily Blocked
U.S. District Chief Judge Karen Schreier on Thursday granted a preliminary injunction against a South Dakota law that would require women to obtain counseling at crisis pregnancy centers and wait 72 hours before receiving abortion care, the AP/Washington Post reports.

Planned Parenthood Takes Up Multiple Legal Challenges Nationwide
Planned Parenthood is fighting an "increasingly aggressive campaign" against legislation in several states that restricts abortion rights or cuts off funding to the organization, Politico reports.

South Dakota | In the Courts

This section provides a brief overview of significant cases impacting reproductive rights and health in South Dakota.

Planned Parenthood Minnesota, North Dakota, South Dakota v. Daugaard
Challenge to a South Dakota law that would require a woman to wait seventy-two hours between her initial physician consultation and the abortion, force her to visit a crisis pregnancy center before abortion care, and require abortion providers to tell patients about any possible risk factor that have been published in any medical or psychological journal since 1972, including risks that have been roundly rejected by mainstream medicine.

Planned Parenthood Minnesota, North Dakota, South Dakota v. Rounds
Challenge to a 2005 South Dakota law that requires physicians to provide women with state-mandated statements including medically inaccurate information about the risk factors of abortion.