Gov. Kristi Noem to call lawmakers back to Pierre as South Dakota's abortion ban triggered

Abortion is no longer recognized as a constitutional right in the United States, following a ruling made Friday by the Supreme Court of the United States that strikes down a 49-year-old legal standing and leaves it up to states to legislate.

And the fall of Roe v. Wade, the landmark 1973 case that guaranteed women access to abortions in the first trimester of gestation, means abortions are now illegal in the state of South Dakota, where a "trigger law" has been on the books since 2005.

That has GOP officials rejoicing, as they did in May when the 6-3 ruling was first publicized after the then-draft was leaked to the media. They're also bracing for a previously unscheduled trip back to the state Capitol.

More: Abortion is now illegal in South Dakota. Here's what you need to know.

Of the ruling, Gov. Kristi Noem said: "Today, life wins," while following through with previous statements that she would call lawmakers back to Pierre for a special session to take up abortion and related legislation.

“Every abortion always had two victims: the unborn child and the mother. Today’s decision will save unborn lives in South Dakota, but there is more work to do,” she said. “We must do what we can to help mothers in crisis know that there are options and resources available for them. Together, we will ensure that abortion is not only illegal in South Dakota – it is unthinkable.”

Decision comes during GOP convention

Word of the decision brought an added buzz of joviality at the South Dakota GOP Convention in Watertown, as Republicans from across the state filtered into the second day of the three-day event. Some gathered in prayer after the decision was announced.

"I couldn't have been happier," said Barb Landers, the secretary of the Pennington County Republican Party. "We've waited 50 years for this and it was past time."

Rep. Tina Mulally, a Rapid City Republican, was overjoyed by the decision.

"We believed in it so much that we put in a trigger mechanism for the state of South Dakota," she said. "We'll meet for a special session, tweak it and make abortion illegal in South Dakota."

Linda Schauer, the state director of Concerned Women for America of South Dakota, was listening to news of court decisions while traveling from Leola, South Dakota to the convention. That's when she learned Roe had been overturned.

"We are overjoyed with this ruling," said Schauer, who is also the vice chair of the McPherson County Republican Party. "We've been waiting every day for the decision."

Mark Skogerboe, of Rapid City, reflected on the accomplishment many pro-life activists had worked to achieve.

"There are so many people, that's all they've done," he said.

Skogerboe said he had counseled women who had abortions.

"I spent a lot of time counseling mothers who had an abortion, and they had a loss in their hearts," he said.

Rep. Fred Deutsch, a pro-life Republican from Florence, called the decision, "awesome."

More: Supreme Court overturns Roe v. Wade, eliminating constitutional right to abortion

"I'm thrilled," he said. "50 years of dealing with abortion is 50 years too long. I think the real fight, state-by-state, begins. I'm just prayerful our country can handle the change without violence."

To Deutsch's point, the high court's ruling puts abortion policy back in the hands of individual states, leaving it up to voters and state legislatures to dictate standards for terminating pregnancies.

Special session date not yet set

And while abortion is already illegal in South Dakota, lawmakers say more can be done to make sure South Dakota law protects the unborn and helps mothers.

Lawmakers, like House Speaker Pro Tempore Jon Hansen, R-Dell Rapids, have also voiced support for making the penalties around abortions more severe than the class 6 felony listed in the state's now triggered abortion ban law. Prohibiting South Dakota businesses from reimbursing employees who travel out-of-state for abortions also has support among a contingent of GOP lawmakers.

Deutsch also wants to make it clear that women won't be penalized but only those who perform abortions.

"If we say it's illegal to kill an unborn child, what should the penalty be?," he asked.  "I believe it should be the same as killing an adult."

But just as the abortion debate has gripped the nation for decades, the high court's Dobbs v. Jackson Women's Health decision, which ruled that the Court in 1973 crafted policy in the Roe decision, not everyone is gleeful about Friday's ruling. That includes Democratic lawmakers who will attempt to minimize the erosion of abortion access for South Dakotans.

Rep. Erin Healy, a Democratic whip in the South Dakota House of Representatives, told the Argus Leader that "women and families in difficult positions are going to be stripped of the choices and the body autonomy they once had," and that more monumental changes to legal standards could be in the pipeline.

"Ultimately, this decision means women are going to die. This decision is not pro life," she said. "Make no mistake, the Supreme Court will be stripping LGBTQ rights and birth control access next."

South Dakota House Minority Leader Jamie Smith, the Sioux Falls Democrat also challenging Noem in her re-election bid, said the fall of Roe has made it "a tough day" for millions of people.

And in South Dakota, the new prohibition defies "the will of the people," he said, noting voters in the Mount Rushmore State have on multiple occasions used the ballot box to preserve abortion access.

Unless it's the intention of Noem and GOP lawmakers to repeal the trigger law, a special session is not necessary either, Smith said.

"It would be irresponsible for us to have a special session. It’s a waste of money," said the 51-year-old former educator. "To me, it’s to score political points at this point, and that’s not what we should be about."

An exact date of a special session has yet to be announced.

Progressives and organizations they support, like the American Civil Liberties Union and Planned Parenthood, which had been South Dakota's lone abortion provider before ceasing the services this month, are characterizing the ruling as devastating for women and reproductive freedom.

"The Supreme Court just overturned Roe v. Wade, ending our constitutional right to abortion. We know you may be feeling a lot of things right now — hurt, anger, confusion. Whatever you feel is OK. We’re here with you — and we’ll never stop fighting for you," wrote Planned Parenthood on social media.

This is a developing story. Check back for updates.

This article originally appeared on Sioux Falls Argus Leader: South Dakota Legislature to hold session after SCOTUS abortion ruling