The New Front Line in the Abortion Wars

By Jeremy Caplan

South Dakota isn't known as a hotbed of controversy. But the state took center stage in the abortion debate last week when lawmakers there passed one of the strongest bans on the procedure since the Supreme Court effectively legalized abortion nationwide in its 1973 ruling on Roe v. Wade. Passed by a 23-12 vote in the state senate and approved in the house, the bill prohibits abortions even in cases of rape or incest, the only exception being if the mother's life is endangered. Republican Governor Mike Rounds indicated that he supports the bill. "I believe we should protect human life," he said at a news conference. "If this bill accomplishes that, I am inclined to sign it."

Kate Looby, state director for Planned Parenthood of South Dakota, which runs the state's only abortion clinic, says her organization will seek an injunction if the bill becomes law. "Opponents of abortion see this as perfect timing," she told TIME, noting that with the Supreme Court tilting right after President Bush's appointments of John Roberts and Samuel Alito, abortion foes seem emboldened to press for bans, hoping to fast-track direct challenges to Roe rather than just chip away at it.

Indeed, other states -- Georgia, Indiana, Kentucky, Ohio and Tennessee -- have introduced bills this year to ban most abortions. The Supreme Court may soon reveal which way it's leaning. It has agreed to hear a case challenging late-term, or "partial birth," abortions. The court last weighed in on this topic in 2000, narrowly striking down a ban on the procedure. The swing vote: Sandra Day O'Connor.

With reporting by Sarah Sturmon Dale