South Dakota Republicans celebrate report that Roe v. Wade, abortion protections going away

Gov. Kristi Noem and state lawmakers say they're ready to act if the nation's high court strikes down a 1973 case that established a women's right to have an abortion in America.

And Democrats are on the defensive.

For the first time in modern history, a pending ruling of the Supreme Court of the United States has become public ahead of its formal release after Politico reported Monday that Roe v. Wade will be overturned in a coming ruling.

And following the explosive report, the decision drew praise and condemnation from political groups, politicians and advocacy groups across the country falling along the same lines that have centered the decades' long debate over abortion and women's rights in America.

Related: What happens if Roe v. Wade is overturned? What we know about Supreme Court's leaked draft

"If this report is true and Roe v. Wade is overturned, I will immediately call for a special session to save lives and guarantee that every unborn child has a right to life in South Dakota," South Dakota's Republican governor said in a social media post Monday night.

Right now, South Dakota law bans abortions 22 weeks into a pregnancy, though Noem and other Republicans at the state Capitol have for years vowed to make the state's abortion restrictions even tighter should the 1973 landmark case be overturned.

In the meantime, the state Legislature has recently passed new laws establishing waiting periods for women seeking abortions while Noem has used executive order to ban the use of telemedicine in pre-abortion consultations.

More: South Dakota Gov. Kristi Noem bans abortions via telemedicine, restricts abortion pills

And as has been the case when those steps were taken, progressive groups like the American Civil Liberties Union and Planned Parenthood, the nation's leading women's reproductive health organization and abortion provider, are criticizing the reported court ruling and urging caution regarding its validity.

"Let's be clear: This is a draft opinion. It's outrageous, it's unprecedented, but it is not final," wrote Planned Parenthood in a social media post. "Abortion is your right - and it is STILL LEGAL."

The 98-page draft ruling includes a majority opinion authored by Justice Samuel Alito, who opines that Roe v. Wade, which created the framework to govern abortion regulations at the state level based on the trimesters of pregnancy, often referred to as the viability standard, was crafted in error by the jurists behind the bench in 1973.

More: South Dakota lawmakers pass restrictive abortion pill laws

Prior to that ruling, almost all states banned abortions entirely. However, Roe v. Wade required all states to legalize abortions in the first trimester.

Should Roe v. Wade be struck down, states, through public votes or through their Legislatures, could continue to allow abortions to legally occur in their jurisdictions.

In South Dakota, though, a 2005 trigger law would kick in, making it illegal to perform an abortion in the state except when necessary to protect the life of the mother.

"After Roe is ended, South Dakota will finally be able to ensure that the life of every unborn child in our state is protected," said Rep. Jon Hansen, R-Dell Rapids.

Rep. Scott Odenbach, R-Spearfish, said beyond the question of abortion, the ruling shows greater deference to the separations of powers framework the framers intended.

"This could be a new chapter in our country that lessens the frustrations caused when we are ruled by judicial overreach rather than our own elected representatives," he said.

South Dakota Democrats, though, say if the draft opinion holds, it'll allow government to further involve itself in women's medical decisions.

Rep. Linda Duba, D-Sioux Falls, said the ruling would be inappropriate and damaging.

"A decision such as this is difficult and life changing," she said. "The government has no place in this decision."

This article originally appeared on Sioux Falls Argus Leader: Gov. Noem could call special session if Roe v. Wade is overturned