South Dakota abortion law unlikely to ever take effect, experts say

[NNN0LHI]

http://www.suntimes.com/output/news/cst-nws-aside07.html

Despite the social, legal and political buzz it's creating, South Dakota's new law banning most abortions might not even be reviewed by the U.S. Supreme Court and probably never will take effect, legal experts say.

Three of the high court's current nine members supported abortion rights during the 1992 case Planned Parenthood vs. Casey, which was viewed as a major threat to Roe vs. Wade. Two other members, Ruth Bader Ginsburg and Stephen G. Breyer, are Clinton administration appointees who also support keeping abortion legal.

So, barring the death of a justice or an unforeseen resignation, at least five of the nine justices would appear to be against South Dakota's law.

"I'd actually be surprised if this ever reaches the {Supreme} Court," said John McGinnis, a constitutional law professor at Northwestern University. "My prediction is the lower courts will find this an easy case and strike it down. {The Supreme Court} could choose to hear the case or not, and I don't think it's going to."

[cali]

1. No kidding. That's been obvious from the get go. n/t