South Dakota Gov. Kristi Noem announces proposal to ban most abortions in the state

South Dakota Gov. Kristi Noem is taking another step toward fulfilling her September pledge to ensure South Dakota has the "strongest pro-life laws in the books." 

The first-term governor's latest round of pro-life bills was announced Friday, the 49th anniversary of Roe v. Wade. The two bills would adopt similar legislation to Texas' Heartbeat Act preventing abortions after a fetal heartbeat is detected and finalize Noem's September executive order blocking telemedicine abortions.

The announcement also signals Noem's nod to the thousands in D.C. rallying for the national March for Lives protest.

“Every human life is unique and beautiful from the moment it is conceived. Every life is worthy of our protection, worthy of the right to live,” Noem stated in a press release. “We hope that this year’s March for Life will be the last and that the Supreme Court will finally protect every unborn life."

Until that comes to pass, Noem says these two bills will "ensure that both unborn children and their mothers are protected in South Dakota."

In the coming weeks and months, Supreme Court justices will decide on a Mississippi law that could potentially overturn Roe v. Wade. This week, Supreme Court justices rejected one of several recent legal challenges to their ruling permitting Texas' six-week abortion ban to stand, according to reporting from The Texan.

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South Dakota's trigger law, dating back to 2005, prohibits physicians from conducting abortions, "except if the mother's life is at risk" and would go into effect "on the date that the states are recognized by the United States Supreme Court to have the authority to regulate or prohibit abortion at all stages of pregnancy."

The trigger law doesn't make exceptions for rape or incest. 

South Dakota's proposed "copycat law" takes from Texas' 6-week abortion ban

The draft for the "Prohibiting Abortion After Detection of Fetal Heartbeat" bill prohibits abortion after a fetal heartbeat is found, except for in cases of medical emergencies, emergencies that "prevent compliance" to parts of the law or if federal employees are "carrying out duties under federal law.”

Text of the 2022 bill draft lays out the criminalization and process of civil action for violators of the proposed measure: A physician, pregnant person or anyone involved in or "intends to engage" in the inducing or payment of an abortion is subject to civil action.

A physician could face up to up $10,000 in statutory damages, additional damages for "emotional distress," costs for legal counsel and "injunctive relief" sufficient enough to prevent further violations of the rule. 

Abortion-rights advocates have labeled the measure a "copycat law" inspired by Texas' six-week abortion ban, like Kristin Hayward, Manager of Advocacy and Development for Planned Parenthood Minnesota, North Dakota, South Dakota Action Fund.

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"It's absolutely ludicrous," Hayward said. “How do you know if people are coming to our clinic for birth control, IUD or STD testing, and how do you know someone has an abortion, unless you ask them?"

Hayward says logistically, if passed, the law will tie up the court systems, too. She noted Texas' Heartbeat Act hasn't been popular in the southern state, and doesn't see that translate in South Dakota either.

Abortion medications to be taken in-person at Planned Parenthood

In September, Noem signed an executive order blocking the Food and Drug Administration's decision last April to temporarily lift in-person restrictions on access to abortion medications. Her order made it illegal to deliver abortion pills (mifepristone and misoprostol) via courier, telemedicine or mail service, and prohibits abortion-inducing drugs from being dispensed or provided in schools or on state grounds.

The FDA made that decision permanent last December, but Noem's medical abortion bill seeks to "prohibit medical abortion by telemedicine, to provide a penalty thereof, to increase the penalty for the unlicensed practice of medicine when performing a medical abortion."

The draft of the legislation requires pregnant people to take the second dose of abortion pills in-person 24-72 hours after taking the first dose and return after two weeks for a follow-up appointment, aside from the state-mandated "informed consent visit." 

The text also stipulates the term "medical abortion" means a procedure that uses medication for the "intentional termination of the life of a human being in the uterus" and does not mean a procedure for the management of a miscarriage.

Follow Nicole Ki on Twitter: @_nicoleki.