South Dakota Shelves Controversial 'Justifiable Homicide' Bill

Two days after Kate Sheppard of Mother Jones reported on a controversial measure being considered in South Dakota that "would expand the definition of 'justifiable homicide' to include killings that are intended to prevent harm to a fetus," state lawmakers have opted to shelve the measure.

Sponsored by state Rep. Phil Jensen, the measure drew ire for its awkward wording, which critics said opened a door toward legal sanction to kill abortion providers. Jensen attempted to litigate his way through the controversy over the next two days, wrangling with the legislative language and insisting to The Plum Line's Greg Sargent that "This has nothing to do with abortion."

Nevertheless, the measure is off the table for the time being. As the New York Times reported Thursday morning:

The House speaker, Val Rausch, said that the legislation had been shelved, pending a decision on whether to allow a vote, amend the language or drop it entirely. A spokesman for Gov. Dennis Daugaard said, "Clearly the bill as it's currently written is a very bad idea."

Sargent buttons up the matter thusly:

It's interesting to consider that if it hadn't been for blogs and new media, this bill could very well have become law, though it's still unclear what real-world legal consequences that would have had.

Indeed, the legal consequences were pretty murky, given the fact that the scenarios Jensen offered seemed to make the change in the law seem redundant. But the consequences beyond the legal realm seem crystal-clear to me. Let's kick it back to the Times piece:

Dave Leach, an Iowa anti-abortion activist, praised the bill, saying it could end abortions in South Dakota by scaring away doctors or by establishing grounds for someone to kill those who stay.

"There may be something I'm overlooking, but from all appearances, this bill would certainly justify an individual taking the life of an abortionist in order to save human lives," he said.

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Comments

[me again]

09:11 AM on 02/24/2011

Phil Jensen is not an example of a responsible legislator. His district must be so proud.

[Uncle Bill]

09:35 PM on 02/23/2011

Once you start declaring open season on murdering the political opposition, there's really nothing left but anarchy- is there?

[Kelly L White]

02:46 AM on 02/24/2011

well said.

[ElBruce]

06:55 PM on 02/22/2011

So by extension, it would also be legal to shoot legislators in order to prevent them causing the deaths of abortion providers... Seriously, once you let anyone off the hook for murder, the whole thing becomes a shoot-em-up "wild West" situation.

[Yawapi]

07:55 AM on 02/19/2011

I live in SoDak, and yes, our legislature is the laughing stock of the country. There's a small but very vocal anti-choice minority here that for the past several years has been trying to ram their radical agenda down our throats....the voters of SoDak have said no, no, and NO again yet these lawmakers keep trying.

[CanadjunBeef]

12:05 AM on 02/23/2011

Legalizing murder is a new low. You would end up with the feds having to prosecute the killings as civil-rights violations, as was done to white lynchers in the south during the civil-rights era.

[zdeedle]

02:52 AM on 02/19/2011

set it aside, for now anyway. see, a little light of truth makes the cockroaches run for the shadows again. yea free speech!

[MaryCan709]

12:02 AM on 02/19/2011

Once upon a time Georgia was a nice place to live, and people were kind and considerate of one another. But then all the leaders turned out to be Republicans and frankly, this state is overrun with some of the meanest, hatefullest, stupidest people in the world! About the best thing I can say right now is that at least Michelle Bachman doesn't represent my district.

[zdeedle]

02:53 AM on 02/19/2011

i used to live in georgia in the 80s and it was okay, but lately i wouldn't even want to fly over. maybe the brits had it right. move away and put all the crazies and criminals in one colony... just a suggestion. good luck with trying to keep any civil rights.

[1differentdrummer]

10:38 AM on 02/18/2011

And absolutely everyone should carry a gun.

[logicanada]

10:28 AM on 02/18/2011

Never mind 'shelving' it. That would imply it's being kept for future use. Trash it.

[mikevab]

10:22 AM on 02/18/2011

Next the church police will be issuing tickets for not going to church on Sundays. Aren't theocracies great...

[Bluesue]

10:14 AM on 02/18/2011

Georgia is going even further with a prenatal murder bill saying Georgia has a duty to protect it's fetal citizens (not so much after birth however).

There's lots of strange things in this bill including SCOTUS had no jurisdiction in Roe v. Wade and Georgia was not a party to Roe v. Wade is not bound by the decision.

Plus section 2.14 on page 7 has a requirement to report miscarriages and issue fetal death certificates and includes investigations:

"When a spontaneous fetal death required to be reported by this Code section occurs
211 without medical attendance at or immediately after the delivery or when inquiry is
212 required by Article 2 of Chapter 16 of Title 45, the 'Georgia Death Investigation Act,' the
213 proper investigating official shall investigate the cause of fetal death and shall prepare
214 and file the report within 30 days;"

http://www.legis.ga.gov/Legislation/en-US/display.aspx?Legislation=31965

These Republicans seem to be trying to outdo each other. Hopefully, normal people will prevail.

[zdeedle]

02:54 AM on 02/19/2011

georgia tried that kind of thing before in 1860-65, right? maybe sherman had it right.

[Yawapi]

08:12 AM on 02/19/2011

You.must.be.joking. Oh my, you're not. Do these MALE legislators have ANY idea how many miscarriages occur each year? Apparently they're interested in clogging up the state!

[dancingstu]

09:18 AM on 02/18/2011

I don't understand how someone can be anti-abortion and claim that all life is precious, while at the same time openly condone premeditated murder of a doctor that might perform an abortion.
 
This doesn't appear to be about life being precious.  It appears to be about the desire to control women.

[Bluesue]

10:20 AM on 02/18/2011

Agreed - plus their concern about life seems to stop at the moment of birth. Their policies for the living have nothing to do with their claim that life is precious. After birth those policies treat children and others in need of help (like the unemployed) as parasites.

Check out this bill from Georgia that calls abortions prenatal murder and requires that miscarriages be investigated (section 2.14, page 7)

http://www.legis.ga.gov/Legislation/en-US/display.aspx?Legislation=31965

[dancingstu]

11:00 AM on 02/18/2011

Amazing.
 
I would note, however, that the proposed amendment to the existing Georgia law that you highlighted (section 2.14) appears to already call for an investigation of "spontaneous fetal death" (aka miscarriages).  The amendment proposes to eliminate the requirement for reporting induced terminations of pregnancy, presumably because these would become illegal under the new law.

[ShinjiIkari]

09:05 AM on 02/18/2011

Next stop for the Uncrazy Train: Texas. We've got to stop their "sectarian guilt-trip" approach to aborting abortion.

[glddraco]

02:53 AM on 02/18/2011

So they are going to shelve this... Not good enough. They need to rip it up and throw it in the trash to never be brought up again.

[liberallibrarian]

10:10 AM on 02/18/2011

My sentiments exactly. F

[Dunkleberger Karl]

01:53 AM on 02/18/2011

Let America take her Mt Rushmore and Go!
these peaple dont deserve her!
how could any gaggle suport illigal abortions?

[LesCap]

11:12 PM on 02/17/2011

Come on Republicans...were are you?

Lets hear it for our "Xtian Nation"!!