What we said about it in Window on the Week:
South Dakota has enacted a law to ban abortion, and the state’s Republican governor, Mike Rounds, is expected to sign it. Federal courts will almost certainly strike down the law before it takes effect, and South Dakota will have to pay the fees of the abortion clinics’ attorneys. Subsidizing the ACLU and Planned Parenthood may not be the legislators’ intent, but it is the effect of their actions. There may be some value in putting the state’s opposition to abortion on record. But the legislators could have accomplished that by passing a resolution committing themselves to the goal of protecting unborn human life from unjust killing as soon as it becomes possible — and committing themselves to participating in a practical strategy, combining legislation and litigation, to make it possible. The current bill, though idealistic, is a distraction from that task.