The South Dakota law requires doctors to give patients who come for an abortion a written statement telling them that “the abortion will terminate the life of a whole, separate, unique, living human being,” and that they have “an existing relationship with that unborn human being” that is constitutionally protected. (What does the constitutionally protected part mean? Who knows.) In addition, doctors are ordered to describe “all known medical risks of the procedure and statistically significant risk factors,” including “depression and related psychological distress” and “increased risk of suicide ideation and suicide.”
The idea behind the statute is that if you force women to confront the implications of an abortion, they’ll be less likely to go through with it. That’s what the “whole, separate, unique, living human being” language is about. In Roe v. Wade, the Supreme Court ruled that a fetus is not a person, in the legal sense of the word, which is to say it doesn’t have the same rights. So South Dakota couldn’t order doctors to tell women that to have an abortion is to kill a person. But human being is a different term that’s up for grabs, the drafters of the legislation decided.
Thursday, July 3, 2008