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A Small Victory for Federalism

20 June 2006

“Voters will have the final say on South Dakota’s tough new law that bans almost all abortions.”


SD legislature passed a tough anti-abortion law last year, but instead of trying to fight in court, abortion-rights advocates collected signatures to put the law to a referendum. They got the necessary signatures.

That seems, to me, to be a hopeful sign…getting the courts out of the business of splitting moral hairs and inventing new law, reserving their efforts for interpreting laws already on the books written by legislators who are accountable to the people. Short of a benign dictatorship, this seems to be the best way of resolving our national dilemma: let the individual states decide what they’re going to do.


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