Many people (including several students who have just emailed me) wonder how/why in the heck South Dakota just enacted a piece of legislation banning abortion in the state. In other words, how can a state law exist in contradiction to a federal one?
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This law is what we call a "ringer" for the court system. The law was passed for the sole purpose of being immediately challenged in court, thereby giving the federal court system an opportunity to pass judgment on it. After all, the Supreme Court can't reverse its precedent without having a case on which to rule, can it?
Isn't it an amazing coincidence that they introduced (and subsequently passed) this bill into the legislature immediately after Samuel Alito was confirmed?
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Amazing. The planets must have been lined up or something.
Rosa Parks' act of civil disobedience was elaborately staged and organized by civil rights groups. Everyone knew the policies in place, and they knew that the best remedy was the legal system. They just needed a plaintiff. A ringer, if you will – a person to carry the complaints of everyone who had been affected by segregation into the federal courts.
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South Dakotans are not stupid. They know that this law is unconstitutional. By passing it anyway, they're rolling the dice that the court might be willing to reconsider its established precedent rather than simply rejecting the law out of hand. Best of luck to them and the myriad interest groups who put them up to it and finally have their ringer on which to expend millions of dollars in legal defense.
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