It mimics a Texas law that leaves enforcement up to private citizens through lawsuits.
South Dakota Governor Kristi Noem on Friday unveiled a proposal to ban nearly all abortions, mimicking athat leaves enforcement up to private citizens through lawsuits instead of through prosecutors and criminal charges.
Courts have blocked some states from imposing similar restrictions, but Texas' law has so far been allowed to stand in part because it leaves enforcement up to private citizens. The conservative-led Supreme Court in December returned a lawsuit over Texas' six-week abortion ban to a federal appeals court that has twice allowed the law to stay in effect, rather than to a district judge who sought to block it.
The private enforcement of the Texas law has been criticized as creating a"vigilante" justice system. It has also led some Texas women to seek care out of state. South Dakota has just one clinic that regularly offers abortions, but Noem's proposed restrictions, which also include one of the nation's strictest limitations on access to abortion pills, would wipe out nearly all abortion access in the state. Just 10 women in South Dakota received an abortion during their first six weeks of pregnancy in 2020, the most recent year for which data was available from the state's Department of Health.
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