¶ Top Hit: Noem Is Anti-Abortion “Absolutist” Who Wants All Abortions Banned
Highlights:
- Kristi Noem was an anti-abortion “absolutist” who wanted to see abortion banned without exception.
- Kristi Noem opposed Roe v. Wade and celebrated the Supreme Court’s decision overturning the precedent.
- Following the reversal of Roe, Kristi Noem enacted South Dakota’s trigger law, and defended it not allowing victims of rape or incest to obtain abortions.
- Noem suggested South Dakota would have required 10-year-old to carry pregnancy.
- Kristi Noem created an “unborn person advocate” position in the governor’s office.
- Kristi Noem signed several anti-abortion bills as governor.
- Kristi Noem introduced a Texas-style abortion ban as governor.
- Kristi Noem revived a decades-old South Dakota case requiring a pregnancy center consultation before obtaining an abortion.
- Kristi Noem worked to make medication abortion harder to obtain during the pandemic.
- Noem restricted medication abortions through an executive order.
- Kristi Noem threatened charges for pharmacists who dispensed medication abortion after the Biden administration’s executive order authorizing it.
- Kristi Noem celebrated the Hobby Lobby Supreme Court decision exempting some employers from contraception coverage.
- Kristi Noem urged senators to vote “no” on the Women’s Health Protection Act.
- As South Dakota’s at-large member of the House of Representatives, Kristi Noem supported numerous anti-abortion laws.
¶ Noem Was An Anti-Abortion “Absolutist” Who Wanted To See Abortion Banned Without Exception
¶ Noem Called For Extensive Actions To Ban Abortion
Noem Told Argus Leader She Was “Absolutist” On Complete Abortion Ban Without Exception. According to the Argus Leader, “This spring, Noem told the Argus Leader she's an absolutist when it comes to her pro-life stance, desiring a complete ban on abortion without exceptions for rape or incest.” [Argus Leader, 9/2/21]
Noem Release: “South Dakota Is Closer Than It Has Ever Been To Banning Abortion — But The Work Doesn’t End There.” According to South Dakota State News, “South Dakota is closer than it has ever been to banning abortion — but the work doesn’t end there.” [South Dakota State News, 4/14/22]
¶ Noem Opposed Roe v. Wade, And Celebrated The Supreme Court’s Decision Overturning The Precedent
¶ Noem Signed Amicus Brief Submitted To Supreme Court Supporting The Reversal Of Roe And Casey
Noem Signed Dobbs Amicus Brief Which Argued Against Roe And Casey. According to a New York Times editorial from Peter Coy, “A friend-of-the-court brief submitted by 240 ‘women scholars and professionals, and pro-life feminist organizations’ amplifies the state’s case and delves more into economic theory. It disputes the Supreme Court’s ruling in a 1992 case, Planned Parenthood v. Casey, that ‘the ability of women to participate equally in the economic and social life of the nation has been facilitated by their ability to control their reproductive lives.’ The brief says that women were advancing in society before Roe — challenging the argument that the court’s decision was critical to their advancement — and that women have continued to advance in recent decades, a period when the rate of abortion was steadily declining. Since changes in abortion law occurred at the same time as changes in culture and technology, it’s hard if not impossible to disentangle which factors were responsible for women’s advancement, the brief says. […] If anything, the brief says, abortion has been bad for women in a variety of ways. ‘The data suggest some correlation between abortion, the feminization of poverty, and women’s declining levels of happiness, including fewer and less satisfying long-term committed relationships with partners and the birth of fewer children than women desire by the end of their reproductive lives,’ the authors write. The majority of the 240 signers on the brief have law or medical degrees. The first signer is Kristi Noem, the Republican governor of South Dakota. There are few if any economists on the list.” [New York Times Opinion- Peter Coy, 5/20/22]
¶ Noem Heaped Praise On The Supreme Court For Ending Roe V. Wade
Noem Said Dobbs Decision Returned Power To States To Decide On Abortion, Did Not Call For National Ban. According to a tweet from Kristi Noem, “The SCOTUS decision is very simple… it returns power to the states on discussions about life, where it belongs. In South Dakota, we are standing for life and helping moms.” [Twitter, @KristiNoem, 6/26/22]
Noem Said She Had “Prayed For This Day” When Abortion Could Be Outlawed. According to a tweet from Governor Kristi Noem, “We have prayed for this day, and now it's here.” [Twitter, @govkristinoem, 6/24/22]
Noem Thanked Trump For His Supreme Court Appointments After Roe Was Overturned. According to a tweet from Kristi Noem’s personal account, “Thank you President Trump for your leadership and for the conservative Justices you appointed to the Supreme Court.” [Twitter, @KristiNoem, 6/24/22]
Noem Tweeted “Today, Life Wins” In Response To Dobbs Decision Overturning Roe And Casey. According to a tweet from Kristi Noem, “Today, life wins!” [Twitter, @KristiNoem, 6/24/22]
¶ Noem Had Long Supported Efforts To Overturn Roe v. Wade
Noem Statement Said She Hoped The Supreme Court Would Strike Down Roe. According to the Associated Press, “Noem said in a statement that she was hoping the Supreme Court would strike down Roe v. Wade — the 1973 landmark decision that established a nationwide right to an abortion. South Dakota has a law that would outlaw abortions if that happened. The governor added, ‘But until that comes to pass, these bills will ensure that both unborn children and their mothers are protected in South Dakota.” [Associated Press, 1/21/22]
Noem Said She Hoped Roe v. Wade Is Overturned. According to a press release from Governor Kristi Noem, “’The time is drawing near for the Supreme Court to issue a ruling on the Dobbs case. I hope that case will overturn Roe v. Wade, but until that day, South Dakota will continue to advance legislation that protects the lives of unborn children,’ said Governor Kristi Noem. ‘The two bills that I am signing today are crucial because they are also protections for mothers. We must remember that abortion has two victims: both the unborn child who loses their life and the mother who must go through the physical and emotional trauma of the procedure.’” [Press Release Governor Kristi Noem, 3/23/22]
After POLITICO Leaked Draft Of Dobbs Decision, Noem Said She Would Immediately Call For A Special Session To Ban Abortion In South Dakota. According to a tweet from Governor Kristi Noem, “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.” [Twitter, @GovKristiNoem, 5/2/22]
Noem Expressed Support For Overturning Roe After Leaked Draft Of Dobbs Decision: “Today, And Everyday, Would Be A Good Day To Overturn Roe v. Wade.” According to a tweet from Kristi Noem, “Today, and everyday, would be a good day to overturn Roe v. Wade.” [Twitter, @KristiNoem, 5/3/22]
¶ Noem And South Dakota State Legislature Leaders Initially Announced Plans For Special Session To Act On Abortion, But It Never Happened
Shortly After Roe Was Overturned, Noem Announced Plans For Special Session On Abortion Later This Year. According to a tweet from Governor Kristi Noem, “Legislative leaders and I have jointly announced plans for a special session to save lives and help mothers later this year.” [Twitter, @govkristinoem, 6/24/22]
Noem And South Dakota State Legislature Leaders Jointly Announced Plans For Special Session Later This Year On Abortion. According to South Dakota State News, “Today, in response to the United States Supreme Court’s Dobbs decision, Governor Kristi Noem and leaders in the South Dakota State Legislature jointly announced plans for a special session later this year to save lives and help mothers impacted by the decision. ‘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,’ said Governor Kristi Noem. ‘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.’ South Dakota’s trigger law, found in SDCL 22-17-5.1, provides that as of today, all abortions are illegal in South Dakota ‘unless there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life of the pregnant female.’” [South Dakota State News, 6/24/22]
¶ By July, Noem Had Not Set Date For Special Legislative Session On Abortion
No Indication Of When Special Legislative Session On Abortion Would Occur In South Dakota, Two Months After Leaked Draft Of Dobbs Decision Overturning Roe. According to the Argus Leader, “‘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,’ Noem wrote on May 2, when she broke the news to her 511,000 Twitter followers that a national news publication had gotten an early look at the ruling she and millions of anti-abortionists have wanted to see for decades. But more than two months since that first tweet, and nearly two weeks since the Supreme Court overturned Roe, there's still no indication of when a special legislative session will occur — if at all.” [Argus Leader, 7/6/22]
Noem Signaled That Special Session On Abortion Was Not Necessary In South Dakota Since Trigger Law Went Into Effect, Banning Abortion. According to the Argus Leader, “And recent statements made by the first-term governor facing re-election in November signal even she's not leading the efforts to bring the state House and Senate back to Pierre as she once was. ‘Our Legislature is thinking of coming into a special session to see what that would look like,’ Noem said during a recent appearance on ABC's Good Morning America when discussing modifications to the class 6 felony that medical providers in South Dakota now face if performing an abortion. But there's a growing sentiment in the Legislature that given abortion is illegal in South Dakota — and there is an exception in the trigger law for the life of mother — a special session might not be necessary. It could also create vulnerabilities ahead of November's election for Republicans in moderate districts, while some are just fatigued with from what would be the fourth special session of the Legislature since 2020.” [Argus Leader, 7/6/22]
¶ Later That Summer, Noem Said South Dakota Would Not Hold Special Session On Abortion
Noem Walked Back Calls For Special Legislative Session On Abortion, Said South Dakota Was “Most Pro-Life State In The Nation.” According to KOTA, “Three weeks after calling for one, Gov. Kristi Noem is walking back calls for a special legislative session on abortion. In a statement released Friday, Noem and several state lawmakers agreed that a special session ‘will not be necessary.’ ‘It has become clear that South Dakota is the most pro-life state in the nation. Our laws are saving lives, and resources like Life.SD.gov are helping mothers,’ the joint statement reads. ‘For these reasons, we are of one mind that South Dakota can prepare to advance on our progress in the regular legislative session.’ Noem and state legislative leaders sent out a press release within hours of Roe v. Wade being overturned, indicating that she intended to call state lawmakers back to Pierre prior to the regularly scheduled legislative session in January to ‘save lives and help mothers impacted by the (Supreme Court’s) decision.’” [KOTA, 7/15/22]
¶ Following The Reversal Of Roe, Noem SAid She Wanted To Prevent People From Receiving Telemedicine Abortions
Noem Repeated She Did Not Believe Telemedicine Abortions Should Be Available. According to KELO, “Moving to a discussion on telemedicine abortions which allow patients to receive abortion pills in the mail, Brennan pointed out that South Dakota is one of 30 states that will limit access to these pills. She asked Noem how she would prevent people from receiving this federally-approved medication. In response, Noem said she brought forward a bill that would ban doctors from prescribing these medications over the phone or via the internet, but offered no insight on future plans. Telemedicine abortions are approved by the FDA. ‘In South Dakota, we’ve already had a bill passed that set on telemedicine abortions, that we don’t believe it should be available, because it is a dangerous situation for those individuals without being medically supervised by a physician,’ Noem said.” [KELO, 6/26/22]
Noem Pledged To Bar Mail-Order Abortion Pills But Said Women Should Not Face Prosecution For Seeking Them. According to the Associated Press, “South Dakota’s Republican governor pledged on Sunday to bar mail-order abortion pills but said women should not face prosecution for seeking them. In apparent defiance of legal guidance by the Justice Department after the Supreme Court last week stripped away women’s constitutional protections for abortion, Kristi Noem indicated in national television interviews that she would put in place a plan approved by state lawmakers to restrict the pills. The majority ruling Friday by the court’s conservative justices triggered abortion bans in South Dakota and elsewhere. But Noem said doctors, not their patients, would likely be prosecuted for knowing violations of what would be one of the strictest laws on abortion pills in the United States. ‘I don’t believe women should ever be prosecuted,’ she said. ‘I don’t believe there should be any punishment for women, ever, that are in a crisis situation or have an unplanned pregnancy.’” [Associated Press, 6/26/22]
¶ Noem Launched Life.SD.gov After Abortion Ban Activated
Noem Announced Launch Of Life.SD.gov. According to a tweet from Governor Kristi Noem, “In South Dakota, we value life. Being pro-life also means getting moms the help they need to be successful. We’re launching http://Life.SD.gov to give women the resources they need to navigate pregnancy pregnancy, birth, parenting, and adoption, if they choose.” [Twitter, @govkristinoem, 6/24/22]
Following Roe Being Overturned, Noem Said Focus Needs To Be On Taking Care Of Mothers And Getting Them Resources, Launched Life.SD.gov For That Purpose. According to South Dakota State News blog post from Kristi Noem, “Now, our focus needs to redouble on taking care of mothers in crisis and getting them the resources that they need for both them and their child to be successful. We also need to make sure that our abortion regulations are tight so that lives will be saved. We are agreeing to call a special session with leadership in the legislature and will have more announcements on that shortly. Being pro-life doesn’t mean just caring about babies until they’re born – and it doesn’t mean forgetting about moms. We must get help to those who need it. To that end, I have launched a new website: Life.SD.gov. This website will help moms through their pregnancy. It will help new parents learn how to be the best parents for their kids. It will provide the best places to get financial assistance for families who are struggling. And it will streamline adoption resources, both for families looking to adopt a child and parents who are looking to give their child to a loving home.” [South Dakota State News- Kristi Noem, 6/24/22]
¶ Noem Did Not Take Position On Restricting Out-Of-State Travel For Abortions
Noem Did Not Take A Position On Restrictions For Out-Of-State Travel For Abortions After South Dakota Trigger Law Went Into Effect. According to the Washington Post, “In South Dakota — where a ‘trigger’ law has swiftly banned abortion, except to save the mother’s life — Republican Gov. Kristi L. Noem emphasized Sunday on ABC News’ ‘This Week’ that Roe ‘gives the power back to the states’ and said women can speak to their elected officials ‘to make sure that their laws reflect what they value.’ While some legislators have pushed to restrict out-of-state travel for abortions, Noem did not take a position on that step and said, ‘We’re having lots of debates in South Dakota.’” [Washington Post, 6/27/22]
¶ Following The Reversal Of Roe, Noem Enacted South Dakota’s Trigger Law, And Defended It Not Allowing Victims Of Rape Or Incest To Obtain Abortions
¶ Following The Overturning Of Roe, Noem Touted South Dakota’s Trigger Law, Which Banned Abortion In Nearly All Cases
South Dakota’s “Trigger Law” Went Into Effect After The Supreme Court Overturned Roe. According to Dakota News Now, “It is now illegal to perform an abortion in South Dakota following a landmark ruling from the Supreme Court. The justices overturned Roe v. Wade in a decision Friday, effectively ending federal protections for abortion rights. South Dakota is one of 13 states with a so called ‘trigger law’ banning abortions the moment Roe v. Wade is overturned. South Dakota’s law not only bans abortions, but deems it a class 6 felony to provide one. Class 6 felonies are punishable by up to two years in prison and/or a $4,000 fine. The only exception in South Dakota’s law, which the legislature passed in 2005, is if there is an ‘appropriate and reasonable medical judgement’ that an abortion is necessary to preserve the life of the mother.” [Dakota News Now, 6/24/22]
Noem Said Trigger Law Made All Abortions Illegal In South Dakota Unless Necessary To Save the Life Of The Mother. According to NPR, “South Dakota Governor Kristi Noem says that as of today, ‘all abortions are illegal in South Dakota ‘unless there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life of the pregnant female.’’” [NPR, 6/24/22]
Noem Said Abortion Ban Was About “Rights And Liberties” For Every Life. According to Fox News, “During an interview on ‘Fox & Friends Weekend,’ Sunday, Republican South Dakota Governor Kristi Noem explained her decision to immediately outlaw abortions in the state, arguing the ban is about ‘rights and liberties’ for every life. […] ‘I think it's important that this country recognizes that every single life is precious. The decision that we had this week was one that passes now this authority down to the states where elected officials will make those decisions in South Dakota. We had a trigger law in place already. So as of today, abortions are illegal in our state, and they're only allowed to save the life of the mother.’ […] ‘And I think it's entirely appropriate that now we focus on taking care of women that are in crisis, that have an unplanned pregnancy, and see what we can do to support them and make sure those babies end up in homes that are good, loving adoptive homes or that we help those parents be parents.’” [Fox News, 6/26/22]
¶ Noem Defended The Law For Not Providing Exceptions To The Ban For Victims Of Rape Or Incest
Noem Said States Would Need To Debate Exemptions To Abortion Bans, And That A Presented Example Of A Rape Was “Tragic,” But That “Every Life Is Precious.” According to KELO, “Margaret Brennan of CBS News asked Noem questions about how South Dakota will support pregnant people, how she feels about possible exceptions for rape and incest, and if she will try to further block telemedicine abortion. Currently, South Dakota’s trigger law does not allow exceptions for victims of rape or incest. Face the Nation played a video clip of comments from GOP Rep. Nancy Mace of South Carolina. Noem said in response that while it is ‘tragic’ that Mace had to go through that, she believes ‘every life is precious.’ ‘I just have never believed that having a tragedy or a tragic situation happen to someone is a reason to have another tragedy occur,’ Noem said. When asked to clarify if she feels there should be no exemptions, Noem said that it will be a debate states have.” [KELO, 6/26/22]
Noem Said States Would Need To Debate Exemptions To Abortion Bans, And Defended South Dakota’s Law, Which Did Not Include Exceptions For Victims Of Rape Or Incest. According to KELO, “Margaret Brennan of CBS News asked Noem questions about how South Dakota will support pregnant people, how she feels about possible exceptions for rape and incest, and if she will try to further block telemedicine abortion. Currently, South Dakota’s trigger law does not allow exceptions for victims of rape or incest. Face the Nation played a video clip of comments from GOP Rep. Nancy Mace of South Carolina. Noem said in response that while it is ‘tragic’ that Mace had to go through that, she believes ‘every life is precious.’ ‘I just have never believed that having a tragedy or a tragic situation happen to someone is a reason to have another tragedy occur,’ Noem said. When asked to clarify if she feels there should be no exemptions, Noem said that it will be a debate states have.” [KELO, 6/26/22]
¶ Noem Suggested South Dakota Would Have Required 10-Year-Old To Carry Pregnancy
Noem Refused To Directly Answer Whether South Dakota Would Force 10 Year Old To Have Baby. According to Fox News, “South Dakota Gov. Kristi Noem was asked during CNN's ‘State of the Union’ if her state would force a 10-year-old to have a baby after a girl in Ohio was denied a procedure due to the state's abortion ban. ‘Because this is a trigger law that was passed before you became governor, I wanted you to be clear — will the state of South Dakota going forward force a 10-year-old in that very same situation to have a baby?’ CNN's Dana Bash asked the governor during Sunday's show. […] ‘What's incredible is that nobody is talking about the pervert, horrible and deranged individual that raped a 10-year-old, and what are we doing about that?’ Noem responded. ‘As much as we talk about what we can do for that little girl, I think we also need to be addressing those sick individuals that do this to our children.’ […] ‘No, I am never OK with that. In fact, that story will keep me up at night,’ Noem said in response. Bash asked if South Dakota would change the law to have an exception, but Noem did not directly address the question. ‘How is a 10-year-old girl physically — probably can't even carry a baby without, being never mind emotionally and mentally tormented, but physically hurt. Would you consider that the life of a mother at risk?’ Bash asked Noem. Noem said it would be up to the doctors, family members, and those closest to her that would have to make a decision on the matter at hand.” [Fox News, 7/3/22]
Noem Defended South Dakota’s Abortion Ban And Repeated “I Don’t Believe A Tragic Situation Should Be Perpetuated By Another Tragedy.” According to CNN, “South Dakota Republican Gov. Kristi Noem on Sunday defended her state's abortion ban, which includes an exception when the pregnant person's life is at risk but not in cases involving incest or rape. When asked by CNN's Dana Bash on ‘State of the Union’ whether children similar to a 10-year-old child abuse victim who traveled from Ohio to Indiana to receive an abortion should be forced to give birth, Noem said, ‘This tragedy is horrific. I can't even imagine. I have never had anybody in my family or myself gone through anything like this. ... But, in South Dakota, the law today is that the abortions are illegal, except to save the life of the mother.’ Noem told Bash she would not be in favor of amending the current law -- a so-called trigger law that took effect following the US Supreme Court's decision to overturn Roe v. Wade -- to add an exception for similar situations, saying, ‘I don't believe a tragic situation should be perpetuated by another tragedy.’ But Noem did signal that a 10-year-old in the described situation may qualify for the state exception for life-threatening medical emergencies.” [CNN, 7/3/22]
¶ Noem Said Story Of 10-Year Old From Ohio Who Needed Abortion Was “#FakeNews”
Noem Said Story About 10-Year-Old From Ohio Who Needed Abortion Was #FakeNews From Liberal Media. According to a tweet from Kristi Noem’s personal account, “A week ago, @DanaBashCNN tried to trap me with a story about a 10-year old girl who got an abortion. I pointed out that nobody was asking about the pervert who raped that child. Now it looks like the story was fake to begin with. Literal #FakeNews from the liberal media.” [Twitter, @KristiNoem, 7/8/22]
¶ Arrest Was Made In Ohio Rape Case That Noem Originally Dismissed As “Fake News”
Law Enforcement Officials In Ohio Arraigned 27 Year Old For Rape Of 10-Year-Old Girl. According to NPR, “A July 1 news report that a pregnant 10-year-old girl from Ohio sought an abortion in neighboring Indiana has drawn intense national attention in the wake of the U.S. Supreme Court ruling last month striking down Roe v. Wade. […] Then, today, less than 24 hours after Ohio's attorney general — an anti-abortion Republican — slammed the Indianapolis Star for first reporting the story, law enforcement officials in Franklin County, Ohio, arraigned a 27-year-old man in the rape of the girl. A municipal court judge set a bail of $2 million for Gerson Fuentes of Columbus, Ohio.” [NPR, 7/13/22]
Noem Denounced Dana Bash For Trying To “Trap” Her About Story Of 10 Year Old Girl Raped In Ohio. According to NPR, “Conservative media outlets, such as The Daily Caller, started to press Bernard for more details, as did more mainstream news organizations, including The Washington Post and NPR. […] And conservatives who had embraced the Supreme Court's decision stepped up skepticism about the Star's reporting on social media. South Dakota Gov. Kristi Noem, a rising star in Republican circles, denounced CNN host Dana Bash for trying to ‘trap me’ by asking her about the incident. ‘Now it looks like the story was fake to begin with,’ Noem tweeted on July 8. ‘Literal #FakeNews from the liberal media.’” [NPR, 7/13/22]
¶ Noem Created “Unborn Person Advocate” Position In Governor’s Office
¶ Noem Created “Unborn Person Advocate” Position In Her Office And Appointed Chief Of Staff Mark Miller
Noem Said She Would Create “Unborn Person Advocate” In Her Office To Monitor Legislative And Policy Changes. According to the Argus Leader, “South Dakota has been chipping away at reproductive rights over the past decade and Gov.-elect Kristi Noem said she will support restrictions on abortion, as well as create an ‘unborn person advocate’ in her office to monitor legislative and policy changes.” [Argus Leader, 12/21/18]
Noem Appointed Mark Miller As “Unborn Child Advocate.” According to the Rapid City Journal, “The state's new ‘unborn child advocate’ Mark Miller, who also serves as general counsel to Gov. Kristi Noem, is reviewing South Dakota's abortion laws at Noem's direction..” [Rapid City Journal, 9/2/21]
Miller Was Tasked With Reviewing Texas’ Six-Week Abortion Bans To Ensure South Dakota’s Laws Were Just As Strict. According to the Rapid City Journal, “Miller's task is in response to the Texas law that outlaws most abortions after six weeks of pregnancy. Noem stated in a tweet that following the Supreme Court's decision to leave the pro-life Texas law in place she will be directing the Unborn Child Advocate to review the new Texas law and current South Dakota laws to ensure the state has the strongest pro-life laws on the books.” [Rapid City Journal, 9/2/21]
Miller Credited With Advancing Noem’s Goal Of Making South Dakota One Of Most “Pro-Life” States In Country. According to the Federalist Society, “Mark Miller serves as Chief of Staff to South Dakota Governor Kristi Noem and is a member of the Governor's executive team. He also is the Unborn Child Advocate within the Governor's Office, advancing the Governor's goal of making the state the most pro-life state in the country.” [Federalist Society, accessed 5/6/22]
¶ Noem Signed Several “Pro-Life” Bills As Governor
¶ Noem Signed Bill Into Law To Ban Abortions Based On Down Syndrome Diagnosis
Noem Signed Ban On Terminating Pregnancies Based On Down Syndrome Diagnosis. According to the Argus Leader, “Gov. Kristi Noem has signed a series of legislation aimed at strengthening South Dakota's anti-abortion laws, including a ban on terminating pregnancies based on a Down syndrome diagnosis. […] And Friday, she signed the Down Syndrome bill along with a separate measure making it illegal to force someone to get an abortion via surrogacy contracts. A third bill more precisely defines what abortion is, and another establishes requirements around when certain literature must be provided to women provided with abortion-inducing drugs. ‘I look forward to the day when the Supreme Court recognizes that all pre-born children inherently possess this right to life, too,’ Noem said in a statement. ‘Until that time comes, I am pleased to sign a ban on the abortion of a pre-born child, just because that child is diagnosed with Down syndrome, as well as several other important pro-life bills.’” [Argus Leader, 3/26/21]
Opponents Of Legislation Banning Abortion On Basis Of Down Syndrome Diagnosis Argue It Meddles With Deeply Personal Decision. According to the PBS Newshour, “Opponents of the bills, including some parents with children who have Down syndrome, argue that elected officials should not be meddling with a woman’s deeply personal decision on whether to carry a pregnancy to term after a Down syndrome diagnosis.” [PBS Newshour, 5/19/21]
Noem Defended Necessity Of Bill To Ban Abortions Based On Diagnosis Of Down Syndrome. According to the Associated Press, “Noem has defended the necessity of her bill, saying that some screenings for Down syndrome can be performed as early as 10 weeks into pregnancy. ‘This legislation will protect preborn children that are diagnosed with Down syndrome from being discriminated against solely because God gave them an extra chromosome,’ she said last month. A group of about 70 medical workers from across the state wrote to lawmakers in opposition to Noem’s bill, saying it would put physicians and patients in an adversarial relationship, places severe penalties on doctors and makes no exception for conditions that would be lethal to the fetus.” [Associated Press, 2/17/21]
¶ Noem Signed “Born Alive” Legislation As Governor
Noem Signed “Born Alive” Legislation, Which Required Medical Professionals To Treat Babies Regardless Of Birth Circumstances. According to South Dakota State News, “Today, Governor Kristi Noem signed House Bill 1051, which requires medical professionals to offer any baby born alive the same medical care they would offer for any other child – regardless of the circumstances of the child’s birth. ‘The pro-life cause continues even after a child is born, and this bill will guarantee the right to life for every baby that is born alive,’ said Governor Kristi Noem. ‘We expect doctors to treat all children equally, even those born in horrific circumstances. That’s basic human decency.’ The law requires medical professionals to provide the same means, medical skills, and treatment to every child born alive immediately following an attempted abortion as they would any other child. Further, the law allows a mother to sue any doctor or abortion facility that violates the law, imposes financial penalties on those who violate the law, and requires certain reporting to the Department of Health for any births that arise following a failed abortion.” [South Dakota State News, 2/24/21]
Planned Parenthood Said “Born Alive” Bills Are Unnecessary As Doctors Already Have Obligation To Provide Medical Care. According to Planned Parenthood, “So-called ‘Born Alive’ bills fabricate a problem that doesn’t exist. Doctors already have an obligation to provide appropriate medical care. To suggest otherwise is false, offensive, and dangerous, not to mention a complete waste of taxpayer time and money.” [Planned Parenthood, 2/24/20]
According to Physician Groups, Live Birth After Abortion Attempt Was Extremely Unlikely And Laws Already Exist To Protect Infant. According to Vox, “But reproductive rights and physician groups say the [Born-Alive Abortion Survivors Protection Act] bill could criminalize doctors and is unnecessary — not only because a live birth after an abortion attempt is an extremely unlikely scenario but also because laws already exist to protect an infant in this instance anyway. ‘The bill maligns and vilifies providers and patients to push a false narrative about abortion later in pregnancy,’ Dr. Kristyn Brandi, a board member of Physicians for Reproductive Health, told Vox in an email last year.” [Vox, 2/25/19]
Strict Interpretation Of “Born Alive” Legislation Could Take Away Ability Of Parents To Hold Child In Case Of Early Delivery Where Baby Cannot Survive, According To Obstetrician. According to the Argus Leader, “Dr. Erica Schipper, an obstetrician with Sanford Health, said in a letter to the Argus Leader that the bill would impact circumstances such as an early delivery for a lethal anomaly, or when an abnormality would lead to a baby not being able to survive. ‘While these circumstances may be medically or legally referred to as an ‘abortion,’ the public and our legislators need to be aware of the potential consequences of this legislation,’ she wrote. ‘Strict interpretation of this law would take away the ability of parents to hold a living child, say goodbye, and have that baby baptized if that is their wish.’” [Argus Leader, 2/16/21]
Noem “Born Alive” Legislation Added Three Provisions To State Statute: Requiring Medical Care For Babies Born Out Of Attempted Abortions, $10,000 Fine For Physicians Who Do Not, And Require Reporting On Survived Abortions. According to the Argus Leader, “HB 1051 adds three provisions to state statute: require doctors to provide medical care to babies born out of attempted abortions; a possible $10,000 fine for physicians who fail to do so; and require the state health office compile a report on the number of babies who survive attempted abortions. Mothers and children born out of abortions could sue the doctors involved and the doctor could lose their medical license.” [Argus Leader, 2/16/21]
¶ Noem Signed Legislation To Require Additional Consent From People Seeking Abortions
2019: Noem Signed Law Requiring Planned Parenthood To Have Patients Sign Additional Consent Forms. According to the Argus Leader, “Gov. Kristi Noem signed several pro-life bills into law on Wednesday. […] Beginning July 1, the new laws will: require Planned Parenthood to have women sign a state-written form consenting to an abortion.” [Argus Leader, 3/20/19]
¶ Noem Signed Legislation Requiring Doctors To Provide Abortion Patients Opportunity To View Sonogram And Hear Heartbeat Before An Abortion
Noem Signed Bill Dictating Doctors To Offer Sonograms And Heartbeat Before A Patient Could Obtain An Abortion. According to the Argus Leader, “Gov. Kristi Noem signed several pro-life bills into law on Wednesday. […] Beginning July 1, the new laws will: […] require doctors to give a woman the opportunity to view a sonogram and hear the heartbeat of the fetus prior to an abortion.” [Argus Leader, 3/20/19]
¶ Noem Signed A Bill Requiring Additional Reporting On Abortions
Noem Signed Legislation Requiring Additional Reporting Rules For Doctors To The State Regarding Abortion. According to the Argus Leader, “Gov. Kristi Noem signed several pro-life bills into law on Wednesday. […] Beginning July 1, the new laws will: […] require doctors to report certain data to the state related to abortions.” [Argus Leader, 3/20/19]
¶ Noem Signed Legislation On Coercion Regarding Abortions
2019: Noem Signed Bill Criminalizing Abortion Coercion. According to the Argus Leader, “Gov. Kristi Noem signed several pro-life bills into law on Wednesday. […] Beginning July 1, the new laws will: […] criminalize the act of causing an abortion against a woman's will.” [Argus Leader, 3/20/19]
¶ Noem Introduced Texas-Style Abortion Ban As Governor
¶ Noem Introduced Bill Modeled After Texas Anti-Abortion Law
Noem Directed Unborn Child Advocate To Review Texas Law And Compare To South Dakota Laws. According to the Argus Leader, “‘Following the Supreme Court’s decision to leave the pro-life (Texas) law in place, I have directed the Unborn Child Advocate in my office to immediately review the new (Texas) law and current South Dakota laws to make sure we have the strongest pro life laws on the books in (South Dakota),’ Noem said in a statement posted to social media Thursday. […] Mark Miller, an attorney and legal advisor in the governor's office, fills the role Noem referred to as an ‘Unborn Child Advocate’ and handles lobbying efforts related to abortion laws during South Dakota's annual lawmaking session in Pierre each winter.” [Argus Leader, 9/2/21]
Noem Introduced A Bill To Ban Abortion Styled After Texas, Which Would Ban Abortion Before Some People Know They Are Pregnant. According to the Associated Press, “South Dakota Gov. Kristi Noem on Friday unveiled a proposal to ban nearly all abortions, mimicking a Texas law that leaves enforcement up to private citizens through lawsuits instead of through prosecutors and criminal charges. The governor has previewed the legislation for weeks, and it has received an enthusiastic reception from fellow Republicans who dominate the Legislature. The law would prohibit abortions once medical professionals can detect fetal cardiac activity, which is usually around the sixth week and is before some women even know they’re pregnant.” [Associated Press, 1/21/22]
Noem’s Bill Made No Exceptions For Rape Or Incest. According to the Associated Press, “Noem’s law would punish people who aid someone in getting an abortion with a minimum $10,000 penalty, in addition to legal fees and other potential compensation. It makes no exception for rape or incest, except stipulating that a man who commits the rape or incest cannot sue.” [Associated Press, 1/21/22]
Noem’s Bill Was Modeled After Texas Law Left Enforcement To Private Citizens. According to the Associated Press, “South Dakota Gov. Kristi Noem on Friday unveiled a proposal to ban nearly all abortions, mimicking a Texas law that leaves enforcement up to private citizens through lawsuits instead of through prosecutors and criminal charges.” [Associated Press, 1/21/22]
Noem’s Bill Set A $10,000 Penalty For Aiding Abortion. According to the Associated Press, “Noem’s law would punish people who aid someone in getting an abortion with a minimum $10,000 penalty, in addition to legal fees and other potential compensation..” [Associated Press, 1/21/22]
¶ South Dakota Right To Life Opposed Noem Heartbeat Bill For Legal Reasons
South Dakota Right To Life Opposed Noem Heartbeat Bill Language. According to the Associated Press, "Noem has touted support for the proposal from several national groups opposed to abortion access, but in-state groups flagged what they saw as problems with the bill. ‘We were not in support of the governor’s original draft language,’ said Dale Bartscher, the director of South Dakota Right to Life. He added that he too was worried it would endanger the state’s standing in the case against Planned Parenthood." [Associated Press, 2/3/22]
¶ State House Committee Declined To Consider Noem’s Abortion Bill
Republican-Controlled House State Affairs Committee Declined To Give Noem’s Abortion Bill A Hearing. According to the Associated Press, “A Republican-controlled South Dakota House committee on Wednesday declined to consider a bill from Gov. Kristi Noem aimed at banning nearly all abortions, stifling a top item on the governor’s agenda. The Republican governor loudly trumpeted her proposal this year, which would have mimicked the private enforcement of a Texas law and prohibited abortions once medical professionals can detect fetal cardiac activity. But it quickly met resistance when lawmakers on the House State Affairs committee declined to give it a hearing — a move rarely seen in the Legislature that signaled defiance of the governor. While Republicans on the committee have pushed for abortion restrictions in the past, they moved on the argument that Noem’s proposal could jeopardize other legal battles between the state and Planned Parenthood, which operates the state’s only clinic that regularly provides abortions.” [Associated Press, 2/2/22]
Noem Said She Was Caught Off-Guard By The Rejection. According to the Associated Press, “Noem told reporters she was caught off-guard by the committee’s decision not to hear the bill. ‘They’re not listening to national leaders in the pro-life movement on the momentum we have in front of the Supreme Court and what this legislation means to South Dakota,’ she said, adding that she didn’t believe her proposal ‘takes any credibility away from the case in front of the Supreme Court.’” [Associated Press, 2/2/22]
Noem Said She Was “Disappointed” And Claimed, “This Is The First Time In Decades That A Bill Has Been Denied A Hearing.” According to a press release from Noem’s office, “The South Dakota state legislature has always guaranteed that every bill gets a hearing, and that is something that I've always loved about our process. We have rules and an open process, and we play by those rules. To our knowledge, this is the first time in decades that a bill has been denied a hearing. ‘South Dakota deserved to have a hearing on a bill to protect the heartbeats of unborn children. We can hear heartbeats at six weeks, but I'm disappointed this bill was not granted even one hearing.’” [Press Release – Gov. Noem, 2/2/22]
¶ Noem Ultimately Dropped The Bill After Failure To Get A Hearing And Disagreements With South Dakota Right To Life
Noem Deferred To South Dakota Right To Life In Ultimate Decision To Drop Signature Bill. According to South Dakota Public Broadcasting, “Working quietly behind the scenes against the proposal was Dale Bartscher, the executive director of South Dakota Right To Life. When the Texas abortion law was upheld by the courts last year, Bartscher publicly called it ‘an important bill.’ When the House declined to take up Gov. Noem’s bill, Bartscher said the group appreciates the governor’s anti-abortion stance. But he added, ‘Predominantly, South Dakota Right To Life, our number one goal is do no harm to a piece of litigation we have in the 8th Circuit Court, currently,’ Bartscher said. ‘And that’s Noem v. Planned Parenthood.’ […] ‘We believe that the passage of a Texas-style heartbeat bill will moot the litigation that we currently have in the 8th Circuit Court,’ Bartscher said. ‘For that reason, we cannot support a Texas-style heartbeat bill verbiage.’ […] ‘South Dakota Right To Life, for years, has been a warrior for protecting unborn lives. I’ve always appreciated the integrity they’ve brought to every discussion,’ Noem said. ‘The challenge this year is we had a bill here to deal with protecting life and we didn’t have a debate on it. I don’t necessarily place the blame on Right to Life.’” [South Dakota Public Broadcasting, 2/28/22]
¶ Noem Revived Decades-Old South Dakota Case Requiring Crisis Pregnancy Center Consultation Before Abortion
¶ Noem Joined Crisis Pregnancy Centers In Case To Overturn Decision Block Pre-Abortion Counseling Requirement
Noem, Along With Two Crisis Pregnancy Centers, Attempted To Revive Law Overturned A Decade Before Requiring Abortion Patients Seek Out Counseling With An Anti-Abortion Center Before Obtaining The Procedure. According to Bloomberg Law, “Two crisis pregnancy centers and South Dakota officials will ask a federal appeals court to overturn a decision upholding an order blocking a pre-abortion counseling requirement, they told the issuing trial court. Gov. Kristi Noem (R), Alpha Center, and Black Hills Crisis Pregnancy Center informed the U.S. District Court for the District of South Dakota that they will appeal its refusal to dissolve a 2011 injunction against the requirement to the U.S. Court of Appeals for the Eighth Circuit. The law mandates that women seeking abortions consult with anti-abortion pregnancy help centers before having the procedure.” [Bloomberg Law, 8/24/21]
- The Legislation Was Originally Passed In 2011. According to the New York Times, “The sign out front advertises free pregnancy tests, information about abortion and testing for sexually transmitted diseases. But it is not an abortion clinic — it is home to the Alpha Center, an organization in Sioux Falls, S.D., dedicated to encouraging women to bring their babies to term. A law signed by Gov. Dennis Daugaard on Tuesday makes the state the first to require women who are seeking abortions to first attend a consultation at such ‘pregnancy help centers,’ to learn what assistance is available ‘to help the mother keep and care for her child.’” [New York Times, 3/22/11]
¶ Federal Judge Ruled Against South Dakota In Abortion Lawsuit, Noem Promised She Would Try To Appeal To Supreme Court
Judge Ruled Against South Dakota’s Attempt To Lift Injunction That Nullified Part Of Law Requiring Crisis Pregnancy Center. According to the Associated Press, “A federal judge Friday ruled against South Dakota’s attempt to lift a decade-old injunction that nullified part of a state law requiring women to consult with a crisis pregnancy center before having an abortion. Planned Parenthood sued the state in 2011 after lawmakers passed a law requiring a three-day wait period for women seeking an abortion, as well as a consultation with a pregnancy center that often discourages women from having an abortion. Judge Karen Schreier ordered a temporary injunction that kept the law from taking effect. The three-day wait period eventually became law, but the consultation requirement has not.” [Associated Press, 9/20/21]
Noem Promised To Try To Get Supreme Court To Take Case Requiring Crisis Pregnancy Center Consultation Before Abortion If South Dakota Lost Appeal. According to the Sioux City Journal, “[Noem] promised that if South Dakota loses an appeal in a legal fight over a state law that would require women seeking abortions to first consult with crisis pregnancy centers (which generally advise women not to get abortions) she would try to get the Supreme Court to consider the case. That case had laid dormant for nearly 10 years, but with the high court's ideological make-up tilting to conservatives, Republicans are trying to get such cases before the justices. A federal judge declined to lift the decade-old injunction on the South Dakota law this year, ruling that it would infringe on women's rights to freedom of speech and access to abortion. Noem has appealed to the 8th Circuit Court of Appeals and said she's ready to appeal to the Supreme Court if that court doesn't lift the injunction.” [Sioux City Journal, 11/29/21]
¶ Noem Worked To Make Medication Abortion Harder To Obtain During The Pandemic
¶ Noem Restricted Medicated Abortions Through Executive Order
Noem Issued Executive Order To Restrict Medication Abortion, Requiring In-Person Consultation With Physician. According to the Associated Press, “South Dakota Gov. Kristi Noem on Tuesday issued an executive order to restrict access to abortion medication and make it clear that medicine-induced abortions fall within state law requiring an in-person consultation with a physician. Amid a nationwide push among Republicans to outlaw most abortions, Noem directed the state Department of Health to create rules that abortion-inducing drugs can only be prescribed or dispensed by a state-licensed physician after an in-person examination. South Dakota law already places that requirement on doctors, but the Republican governor’s order was made in anticipation that the Food and Drug Administration later this year will allow abortion medications to be dispensed through the mail or virtual pharmacies. […] Noem’s order blocks the drugs from being delivered through the mail or other delivery services and outlaws the drugs from being provided in schools or on state property. It also requires licenses for any clinics that only prescribe medicine for abortions and require more stringent reporting on medicine-induced abortions and any health complications related to them.” [Associated Press, 9/7/21]
Noem’s Executive Order Also Required Patients Seeking Medication Abortion To Go To The Doctor Three Separate Times Instead Of Two. According to the Associated Press, “South Dakota Gov. Kristi Noem on Wednesday signed a bill that would make the state one of the most difficult places to get abortion pills, though most of the law will not be enacted unless the state prevails in a federal court battle. The Republican governor pushed the legislation this year to enshrine a similar rule from her administration that attempted to require abortion-seekers to make three separate visits to a doctor to take abortion pills.” [Associated Press, 3/23/22]
¶ Judge Halted South Dakota Rule On Abortion Pills, Leading Noem To Appeal The Ruling
¶ After Judge Granted Injunction On Noem Executive Order On Abortion Medication, Noem Successfully Pushed For Legislature To Codify Content Of Order
2022: Judge Granted Request From Planned Parenthood To Issue Restraining Order On Noem’s Executive Order. According to the Associated Press, “A federal judge temporarily halted a South Dakota rule from taking effect that would have made the state one of the hardest places in the U.S. to get abortion pills. U.S. District Judge Karen Schreier late Wednesday granted a request from Planned Parenthood for a restraining order on a state Department of Health rule that was set to go into effect Thursday. Republican Gov. Kristi Noem initiated the rule change through an executive order. It would have required people seeking abortions to return to a doctor to take the second of two drugs used for a medication abortion. Women have been able to receive both drugs in one visit, taking the second medication at home.” [Associated Press, 2/24/22]
Noem Appealed The Ruling On Three Doctors Visits For Medication Abortions
Noem Announced Her Administration Will Appeal Federal Ruling That Blocked Her Medical Abortion Ban. According to KELO, “Governor Kristi Noem said Thursday her administration will challenge a federal judge’s latest order blocking South Dakota’s new restrictions on medical abortions. U.S. District Judge Karen Schreier issued the preliminary injunction Tuesday. The judge said Planned Parenthood argued that the additional rule requiring a third visit to the clinic for medical-abortion patients would eliminate access to medical abortion.” [KELO, 2/10/22]
Noem Claimed This Was A “Women’s Health” Issue And The Judge Was Making This An Abortion Issue. According to KELO, “Noem, answering a question from KELOLAND News, told reporters Thursday, ‘It was interesting to hear her argument. It was more about making it an abortion issue, which clearly in this telemedicine abortion order that we put forward, it’s about women’s health. It is four times more likely a woman will end up in the emergency room from utilizing and accessing abortion through this manner.’ ‘And,’ Noem continued, ‘that is why we put it forward is to protect women’s health and make sure that they are medically supervised. The federal judge chose to make it about something else, and that’s disappointing. We will appeal.’” [KELO, 2/10/22]
Noem Said Drugs To Treat Miscarriages Were Not Included In Her Order Because They “Do Have Medical Supervision.” According to KELO, “Another reporter asked the governor why the state didn’t also restrict the use of the two drugs for treatment of miscarriages, where there also is the risk of bleeding. Noem said that patients in most of those situations ‘do have medical supervision. In the instance of telemedicine abortions, someone can make a phone call, get online, order the drugs to be sent to their home. There is no medical supervision. That’s what makes it so dangerous. And that kind of access opens it up to our young women to be in their bathrooms or locker rooms alone undergoing this procedure with no doctor or physician at any all tied to the responsibility of what the consequences may be.’” [KELO, 2/10/22]
Noem-Proposed Bill Restricting Access To Medication-Induced Abortions Passed The State Legislature. According to CNN, “South Dakota on Wednesday gave final passage to a bill further restricting access to abortions through medication, the first state this legislative session to impose such a restriction. The bill, House Bill 1318, was proposed last month by Republican Gov. Kristi Noem as she sought to curb access to the abortion drugs. The Biden administration had made the drugs more accessible during the pandemic before finally lifting the requirement that the drugs be dispensed in-person. Noem's bill -- which cleared the state Senate 32-2 -- would require women seeking a medication abortion to make an additional trip to a doctor.” [CNN, 3/2/22]
Medication-Induced Abortion Legislation Codified A Noem-Drafted Department Of Health Rule, Which Currently Remains Blocked By Federal Judge Pending Appeal. According to CNN, “The South Dakota legislation essentially codifies a state Department of Health rule, drafted at Noem's direction, that was approved in early January but blocked by a federal judge last month from being enforced. The legislation would not go into effect unless the judge's injunction is lifted, which Noem's administration is seeking through an appeal.” [CNN, 3/2/22]
¶ Noem Signed Bill Requiring Three Doctor Visits For Abortion Pill Access, Fourth Follow Up Visit After Use
Noem Signed A New Law Restricting Abortion, Required Pregnant Woman To Make Three Visits To Doctor For Abortion Medication. According to CNN, “South Dakota Gov. Kristi Noem on Wednesday signed a law that further restricts access to abortions through medication in the state, though the measure will not take effect immediately, pending a federal court case. […] While the Biden administration lifted the requirement that abortion drugs be dispensed in person last year, the new South Dakota law requires a pregnant woman who wants to get the abortion medication to first be screened, then wait three days before obtaining the first drug in a two-dose process. The woman would then have to make a third visit to receive the second dose.” [CNN, 3/23/22]
Noem Signed Legislation Codifying Third Visit For Abortion Medication And Fourth Appointment Fourteen Days Later To Confirm Fetal Mater Was “Expelled.” According to the New Yorker, “This month, pressing her challenge to medication abortions, she won passage of the bill that codified the third visit, already enjoined by Schreier, and would add a requirement for the clinic to make a fourth appointment, fourteen days later, to confirm that the fetal material has been “expelled.” The vote in the Senate was 32–2. (The law will not be enforced unless Schreier’s ruling is overturned.)” [New Yorker, 3/25/22]
Noem Legislation Required Abortion Facility Staff To Schedule A Follow-Up Appointment 14 Days After Second Pill For Medication Abortion To Ensure Fetal Matter “Fully Expelled.” According to the South Dakota Legislative Research Council, “The abortion facility staff shall schedule a follow-up appointment with the pregnant mother to return to the abortion facility on the fourteenth day after taking the medication to confirm that the fetus, placenta, and membranes have been fully expelled.” [South Dakota Legislature Legislative Research Council, accessed 5/9/22]
Noem Adjusted Abortion Bill Language To Take Effect If Federal Court Overrules Current Injunction. According to the Associated Press, “The Republican governor pushed the legislation this year to enshrine a similar rule from her administration that attempted to require abortion-seekers to make three separate visits to a doctor to take abortion pills. But a federal court issued a preliminary injunction against that rule last month, and the bill Noem signed contains language that says the restrictions are not enforceable unless the state convinces a federal court to overturn that order. Noem’s law, if it were to take effect, adds a third mandatory visit that would require women to wait at least a day before returning to the abortion clinic to take the second drug in the regimen.” [Associated Press, 3/23/22]
¶ Noem Planned Parenthood Lawsuit Ordered To Be Put On Hold Until Dobbs Decision
Court Order Paused Lawsuit Between Planned Parenthood And Kristi Noem Until Decision On Dobbs. According to KELO, “A lawsuit between Planned Parenthood and Gov. Kristi Noem is on hold. On Tuesday, a court order was announced by the U.S. Court of Appeals to put the appeal ‘in abeyance until the Supreme Court issues a decision in Dobbs v. Jackson Women’s Health Organization is granted.’” [KELO, 5/10/22]
Federal Appeals Court Announced Hold On Noem Appeal Over Three Visits For Abortion Pills Until Supreme Court Decided On Dobbs. According to the Associated Press, “A federal appeals court on Tuesday ordered that a case between Planned Parenthood and the state of South Dakota be put on hold until the U.S. Supreme Court issues a decision in a separate case that could overturn the landmark Roe v. Wade case that legalized abortion nationwide. The South Dakota lawsuit is over a rule pushed by Republican Gov. Kristi Noem that would require abortion-seekers to make three separate visits to a doctor to take abortion pills. Planned Parenthood, which operates the state’s only clinic that regularly provides abortions, asserted that the rule would have ended its ability to provide medicine-induced abortions. A federal judge issued a preliminary injunction against the rule in February, finding that it likely infringed on the right to an abortion. Noem appealed that decision. But both sides motioned for the appeal to be held in abeyance until the Supreme Court issues a decision in Dobbs v. Jackson Women’s Health Organization. The legal fight over requirements to get abortion pills in South Dakota may soon become moot. South Dakota is one of 13 states with a trigger law that would ban abortions altogether if Roe is overturned.” [Associated Press, 5/10/22]
Noem Spokesperson Said Governor Noem Hopes Dobbs Decision Was Released Soon And Would Reflect Alito’s Leaked Draft. According to Dakota News Now, “Noem’s spokesperson Ian Fury issued a statement to Dakota News Now saying, ‘Governor Noem hopes that the Supreme Court releases the Dobbs decision soon, and that it reflects Justice Alito’s draft decision, so that we can save unborn lives in South Dakota.’” [Dakota News Now, 5/10/22]
Lawsuit Against Noem Abortion Pills Rule Dismissed By U.S. Court Of Appeals. According to KELO, “After months of litigation a lawsuit against Governor Kristi Noem has been dismissed by the U.S. Court of Appeals. In January of this year, the American Civil Liberties Union (ACLU) and Planned Parenthood brought the lawsuit over a then-proposed abortion medication rule. That rule, which is now law, would have required patients to visit a licensed abortion provider three times to receive the informed consent and medication necessary to end a pregnancy. That’s an added visit to the previously required two visits.” [KELO, 7/21/22]
Eighth Circuit Court Of Appeals Granted Planned Parenthood’s Motion To Dismiss The Appeal And Vacated Temporary Restraining Order At Planned Parenthood’s Request Due To Dobbs Decision. According to the ACLU of South Dakota, “The Eighth Circuit Court of Appeals granted Planned Parenthood's motion to dismiss the appeal in the Eighth Circuit and vacated the temporary restraining order at Planned Parenthood's request due to the Dobbs decision.” [ACLU SD, accessed 9/30/22]
¶ Noem Spoke Out Against Efforts To Expand Telemedicine Abortion
Noem Opposed Biden Administration Efforts To Increase Access To Telemedicine Abortion Due To The Pandemic. According to the Argus Leader, “The Biden administration has also been loosening restrictions around telemedicine, which have been extended in practice to abortion services during the pandemic. ‘The Biden Administration is continuing to overstep its authority and suppress legislatures that are standing up for the unborn to pass strong pro-life laws. They are working right now to make it easier to end the life of an unborn child via telemedicine abortion. That is not going to happen in South Dakota,’ Noem said in a statement. ‘I will continue working with the legislature and my Unborn Child Advocate (Miller) to ensure that South Dakota remains a strong pro-life state.’” [Argus Leader, 9/7/21]
Noem Claimed Telemedicine Abortion Ban Will “Protect Both Unborn Babies And Their Mothers.” According to the governor’s official Twitter account, “My legislation to ban telemedicine abortions passed the Senate and is on its way to my desk! With this bill, we will protect both unborn babies and their mothers from this dangerous procedure.” [Twitter, @govkristinoem, 3/2/22]
¶ Noem Threatened Charges For Pharmacists Who Dispensed Abortion Pills After Biden Administration’s Executive Order
¶ Noem Responded To Biden Executive Order On Abortion By Emphasizing South Dakota Trigger Law And Telemedicine Abortion Ban Remained In Effect
Noem Said South Dakota’s Trigger Law And Telemedicine Abortion Ban Remained In Effect After Biden Executive Order On Abortion. According to KELO, “Friday, President Joe Biden signed an executive order to further protect access to abortion across the country. The order states that the federal government is taking action to protect health care services and a woman’s right to choose. That includes protecting and expanding access to abortion medication. In South Dakota, abortion via telemedicine is now illegal. Any person that prescribes abortion pills or takes one in South Dakota is subject to a Class 6 felony. KELOLAND News reached out to Governor Kristi Noem following the signing of the executive order to see if the executive order would affect the law that went into effect July 1. ‘South Dakota’s trigger law and telemedicine abortion ban remain the law of the land. Governor Noem will continue her efforts to save lives and help mothers through whatever situation they may face.’ -Governor Noem’s Office.” [KELO, 7/8/22]
¶ Biden Signed An Executive Order That Directed Federal Agencies To Expand Access To Medication Abortion
Biden Signed An Executive Order That Directed Federal Agencies To Expand Access To Medication Abortion. According to POLITICO, “President Joe Biden signed an executive order Friday morning directing his health department to expand access to abortion pills, beef up enforcement of Obamacare’s birth control coverage mandate and stand up an army of pro bono lawyers to help defend people criminally charged for seeking or providing the procedure. The order also instructs the administration to ‘consider’ several additional actions to shore up privacy rights for patients using digital apps such as period trackers and those who are now at risk of being reported to law enforcement by a medical provider. They will also ‘consider’ strengthening protections for doctors performing abortions in medical emergencies by updating the Emergency Medical Treatment and Labor Act, and plan to create another interagency task force that includes Attorney General Merrick Garland.” [POLITICO, 7/8/22]
¶ Noem Threatened Charges For Pharmacists Who Dispensed Abortion Pills
Noem And Attorney General Jackley Wrote To South Dakota Pharmacists Regarding State Illegality Of Abortion Medication After FDA Permitted Abortion Pills To Be Dispensed At Retail Pharmacies. According to a press release from Governor Kristi Noem, “Today, Gov. Kristi Noem and Attorney General Marty Jackley wrote to South Dakota pharmacists to remind them of state law regarding the illegality of abortions except those necessary to save the life of the mother. The Food and Drug Administration (FDA) recently declared that the federal government will permit chemical abortion drugs to be dispensed at all retail pharmacies. You can find the letter here. ‘Chemical abortions remain illegal in South Dakota. Under South Dakota law, pharmacies, including chain drug stores, are prohibited from procuring and dispensing abortion-inducing drugs with the intent to induce an abortion, and are subject to felony prosecution under South Dakota law, despite the recent FDA ruling. Their resources should be focused on helping mothers and their babies, both before birth and after,’ wrote Governor Noem and Attorney General Jackley. Following the United States Supreme Court’s Dobbs decision in June 2022, states were once again allowed to make their own choices over abortion policy. South Dakota had a trigger law on the books, passed in 2005, that made abortion illegal except to save the life of a pregnant mother.” [Governor Kristi Noem Press Release, 1/24/23]
Noem Threatened Charges For Pharmacists Who Dispense Abortion Pills After The FDA Announced The Federal Government Would Permit Abortion Pills To Be Dispensed At All Retail Pharmacies. According to the Associated Press, “South Dakota Gov. Kristi Noem, along with the state’s Republican attorney general, said Tuesday the state will prosecute pharmacists who dispense abortion-inducing pills following a recent Food and Drug Administration rule change that broadens access to the pills.The Republican governor and South Dakota Attorney General Marty Jackley released a letter to South Dakota pharmacists saying they are ‘subject to felony prosecution’ if they procure or dispense abortion-inducing drugs. The state bans all abortions except to save the life of the pregnant person. ‘South Dakota will continue to enforce all laws including those that respect and protect the lives of the unborn,’ Noem and Jackley said in the letter. The FDA earlier this month formally updated labeling for abortion pills to allow many more retail pharmacies to dispense them, so long as they complete a certification process.” [Associated Press, 1/24/23]
¶ Noem Celebrated Hobby Lobby Supreme Court Decision Exempting Some Employers From Contraception Coverage
¶ Noem Celebrated Supreme Court Decision Denying Some Employees Access To Affordable Contraception
Noem Celebrated Supreme Court Decision In Hobby Lobby Case. According to the Argus Leader, “[NOEM] ‘The Supreme Court's decision today was a tremendous win for religious freedom, a value that is sewn into the fabric of this country and a principle that has historically set us apart. We must continue efforts to protect every constitutional right, but today is an important victory.’” [Argus Leader, 7/1/14]
In Hobby Lobby Case, Supreme Court Allowed Employers To Refuse To Cover Contraception If They Had A Religious Objection. According to Vox, “About a decade ago, this legal argument would have gone nowhere. But then the Supreme Court held in Burwell v. Hobby Lobby (2014) that employers with religious objections to birth control may refuse to cover contraception in their employee health plans.” [Vox, 9/7/22]
¶ Noem Urged Senators To Vote “No” On Women’s Health Protection Act
¶ Noem Urged Senators To Vote “No” On Women’s Health Protection Act
Noem Urged Senators To Vote “No” On The Women’s Health Protection Act. According to the governor’s official Twitter account, “Tonight, DC Democrats are trying to advance their abortion-on-demand agenda and sneak in a vote to infringe on unborn children's right to life. Urge your senator, vote no on the Abortion on Demand Until Birth Act.” [Twitter, @govkristinoem, 2/28/22]
¶ As South Dakota’s At-Large Member Of The House Of Representatives, Noem Supported Numerous Anti-Abortion Laws
¶ Noem Backed Legislation To Restrict Taxpayer Funding Of Abortion And Codify The Hyde Amendment
Noem Co-Sponsored Anti-Abortion Bill In Congress. According to the Rapid City Journal, “Rep. Kristi Noem, R-S.D., has signed on as a co-sponsor to an anti-abortion bill in Congress. The ‘No Taxpayer Funding for Abortion Act’ forbids federal money from being used to pay for abortions or to pay for health insurance that covers abortions. It also denies health care tax credits for any plan that covers abortions.” [Rapid City Journal via Nexis, 1/27/11]
Noem Voted For And Co-Sponsored The “No Taxpayer Funding For Abortion Act” In 2011. According to Congress.gov, Noem co-sponsored and voted for H.R. 3, the “No Taxpayer Funding For Abortion Act.” [Congress.gov, accessed 5/9/22; H.R. 3, Roll Call 292, 5/4/11]
Noem Voted For And Co-Sponsored The “No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2014.” According to Congress.gov, Noem co-sponsored and voted for H.R. 7, the “No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2014.” [Congress.gov, accessed 5/9/22; H.R. 7, Roll Call 30, 1/28/14]
Noem Voted For And Co-Sponsored The “No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2017.”. According to Congress.gov, Noem co-sponsored and voted for H.R. 7, the “No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2017.” [Congress.gov, accessed 5/9/22; H.R. 7, Roll Call 65, 1/24/17]
Noem Voted For H.R. 7, “No Taxpayer Funding For Abortion And Abortion Insurance Full Disclosure Act.” According to Planned Parenthood Action, “This House approved a bill, sponsored by Congressman Chris Smith (R-NJ-04), is nothing more than a thinly-veiled attempt to take away the comprehensive private health insurance coverage that millions of people have and to make the Hyde amendment and other federal abortion bans permanent. This bill would eliminate abortion coverage for millions, make the harmful Hyde law permanent - impacting low income people and disproportionately affecting people of color - and undermine a person’s ability to make personal decisions about their own health care.” [Planned Parenthood Action Congressional Scorecard, H.R. 7, Roll Call 65, 1/24/17]
¶ Noem Supported So-Called “Born Alive” Legislation
Noem Voted For And Co-Sponsored The “Born Alive Abortion Survivors Protection Act” In 2015. According to Congress.gov, Noem co-sponsored and voted for H.R. 3504, the “Born-Alive Abortion Survivors Protection Act.” [Congress.gov, accessed 5/6/22; H.R. 3504, Roll Call 506, 9/18/15]
Noem Co-Sponsored The “Born Alive Abortion Survivors Protection Act” In 2017. According to Congress.gov, Noem co-sponsored H.R.37, the “Born-Alive Abortion Survivors Protection Act.” [Congress.gov, accessed 5/9/22]
Noem Voted For And Co-Sponsored The “Born Alive Abortion Survivors Protection Act” In 2018. According to Congress.gov, Noem co-sponsored and voted for H.R. 4712, the “Born-Alive Abortion Survivors Protection Act.” [Congress.gov, accessed 5/9/22; H.R. 4712, Roll Call 36, 1/19/18]
¶ Noem Voted For And Co-Sponsored A National And D.C. 20-Week Abortion Ban
Noem Co-Sponsored And Voted For The “Pain-Capable Unborn Child Protection Act” In 2017 . According to Congress.gov, Noem co-sponsored and voted for H.R. 36, the “Pain-Capable Unborn Child Protection Act.” [Congress.gov, accessed 5/9/22; H.R. 36, Roll Call 549, 10/3/17]
ACLU Argued H.R. 36 Contradicted Precedent On Pre-Viability Pregnancies. According to the American Civil Liberties Union, “By banning abortions beginning at 20 weeks post-fertilization—a pre-viability stage of pregnancy—H.R. 36 directly contradicts longstanding precedent holding that a woman should ‘be free from unwarranted governmental intrusion’ when deciding whether to continue or terminate a pre-viability pregnancy.” [ACLU, 10/2/17]
ACLU Argued H.R. 36 Included Narrow Exception To Preserve A Woman’s Life, Not Woman’s Health. According to the American Civil Liberties Union, “H.R. 36 also fails to protect women’s health. It includes a narrow exception to preserve a woman’s life only- not her health, as longstanding precedent requires. Many things can go wrong during a pregnancy and a woman’s health could be at risk in complex ways that require urgent care. This bill would effectively force a woman and her doctor to wait until her condition is life threatening to finally act to protect her health, and she may suffer serious health consequences as a result.” [[ACLU, 10/2/17]
Noem Co-Sponsored And Voted For The “Pain-Capable Unborn Child Protection Act” In. According to Congress.gov, Noem co-sponsored and voted for H.R. 1797, the “Pain-Capable Unborn Child Protection Act.” [Congress.gov, accessed 5/9/22; H.R. 1719, Roll Call 251, 6/18/13]
Noem Co-Sponsored And Voted For The “District Of Columbia Pain-Capable Unborn Child Protection Act” In 2012. According to Congress.gov, Noem co-sponsored and voted for H.R. 3803, “District Of Columbia Pain-Capable Unborn Child Protection Act.” [Congress.gov, accessed 5/9/22; H.R. 3803, Roll Call 539, 7/31/12]
¶ Noem Backed Efforts To Restrict Title X Funding
Noem Co-Sponsored The “Title X Abortion Provider Prohibition Act” In 2011. According to Congress.gov, Noem co-sponsored H.R 217, “Title X Abortion Provider Prohibition Act.” [Congress.gov, accessed 5/9/22]
Noem Co-Sponsored The “Title X Abortion Provider Prohibition Act” In 2013. According to Congress.gov, Noem co-sponsored H.R 61, “Title X Abortion Provider Prohibition Act.” [Congress.gov, accessed 5/9/22]
Noem Co-Sponsored The “Title X Abortion Provider Prohibition Act” In. According to Congress.gov, Noem co-sponsored H.R 217, “Title X Abortion Provider Prohibition Act.” [Congress.gov, accessed 5/9/22]
¶ Noem Championed So-Called “Personhood” Legislation
“Life At Conception Act” Was Introduced In House In 2011 With Noem As Co-Sponsor. According to Congress.gov, Noem co-sponsored H.R. 374, “Life At Conception Act.” [Congress.gov, accessed 5/9/22]
“Life At Conception Act” Was Introduced In House In 2013 With Noem As Co-Sponsor. According to Congress,gov, Noem co-sponsored H.R. 1091, “Life At Conception Act.” [Congress.gov, accessed 5/9/22]
“Life At Conception Act” Was Introduced In House In 2015 With Noem As Co-Sponsor. According to Congress.gov, Noem co-sponsored H.R. 816, “Life At Conception Act.” [Congress.gov, accessed 5/9/22]
“Life At Conception Act” Was Introduced In House In 2017 With Noem As Co-Sponsor. According to Congress.gov, Noem co-sponsored H.R. 681 “Life At Conception Act.” [Congress.gov, accessed 5/9/22]
¶ Noem Co-Sponsored Legislation To Breach Doctor-Patient Confidentiality To Deter Young People From Obtaining Abortion
“Child Interstate Abortion Notification Act” Was Introduced In House In 2012 With Noem As Co-Sponsor. According to Congress.gov, Noem co-sponsored H.R. 2299, “Child Interstate Abortion Notification Act.” [Congress.gov, accessed 5/9/22]
¶ Noem Backed Legislation To Impose Criminal Penalties On Doctors And Those Who Aid In Some Abortions
Noem Co-Sponsored The “Prenatal Nondiscrimination Act (PRENDA) Of 2013.” According to Congress.gov, Noem co-sponsored H.R. 447, “Prenatal Nondiscrimination Act (PRENDA) of 2013.” [Congress.gov, accessed 5/9/22]
Noem Co-Sponsored The “Prenatal Nondiscrimination Act (PRENDA) Of 2016.”. According to Congress.gov, Noem co-sponsored H.R. 4924, “Prenatal Nondiscrimination Act (PRENDA) of 2016.” [Congress.gov, accessed 5/9/22]
¶ Noem Supported Legislation To Allow Providers To Deny Patients Abortion Care Under The Guise Of Religious Liberty
Noem Co-Sponsored The “Health Care Conscience Rights Act” In 2013. According to Congress.gov, Noem co-sponsored H.R. 940, “Health Care Conscience Rights.” [Congress.gov, accessed 5/9/22]
Noem Co-Sponsored The “Health Care Conscience Rights Act” In. According to Congress.gov, Noem co-sponsored H.R. 940, “Health Care Conscience Rights.” [Congress.gov, accessed 5/9/22]
Noem Co-Sponsored The “Conscience Protection Act Of 2016.” According to Congress.gov, Noem co-sponsored H.R. 4828, “Conscience Protection Act Of 2016.” [Congress.gov, accessed 5/9/22]
Noem Co-Sponsored The “Conscience Protection Act Of 2017.” According to Congress.gov, Noem co-sponsored H.R. 644, “Conscience Protection Act Of 2017.” [Congress.gov, accessed 5/9/22]
¶ While In Congress, Noem Backed To Restrict Federal Funding To Planned Parenthood
Noem Applauded Trump’s Proposal To End Family Planning Funding For Abortion Providers. According to a press release from then-Rep. Kristi Noem, “Rep. Kristi Noem today applauded President Trump's proposal to end family planning funding for abortion providers, like Planned Parenthood, and redirect those resources into health centers that do not promote or perform abortions. In South Dakota, there are six federally qualified health centers operating in 45 service sites, but just one Planned Parenthood center. ‘Taxpayers should not have to bear the abortion industry's financial burden - directly or indirectly,’ said Noem. ‘I am proud to stand with President Trump in protecting taxpayer dollars from abortion advocates, using those family-planning dollars instead to provide comprehensive, life-affirming care to women.’” [Rep. Noem Press Release, 5/18/18]
Noem Said She Has Been Working To End Taxpayer Funding For Planned Parenthood. According to a press release from then-Rep. Kristi Noem, “The defunding of Planned Parenthood and other abortion providers is an issue I've been working on for some time. Most recently, I reached out in a letter to President Trump urging him to make the Title X change and explaining that taxpayers should not be subsidizing the abortion industry. According to a recent Government Accountability Office report, Planned Parenthood receives roughly $60 million annually in family planning funding. This is wrong. Taxpayers should not have to bear the abortion industry's financial burden - directly or indirectly.” [Rep. Noem Press Release, 4/25/18]
¶ Noem Also Backed Legislation To Restrict Funding To Planned Parenthood
Noem Co-Sponsored And Voted For The “Defund Planned Parenthood Act Of 2015.” According to Congress.gov, Noem co-sponsored and voted for H.R. 3134, “Defund Planned Parenthood Act Of 2015.” [Congress.gov, accessed 5/9/22; H.R. 3134, Roll Call 505, 9/18/15]
Noem Co-Sponsored The “Defund Planned Parenthood Act Of 2017.” According to Congress.gov, Noem co-sponsored H.R. 354, “Defund Planned Parenthood Act Of 2017.” [Congress.gov, accessed 5/9/22]
¶ Noem Backed Legislation To Ban Abortion Before More People Know They Are Pregnant
Noem Co-Sponsored The “Heartbeat Protection Act Of 2017.” According to Congress.gov, Noem co-sponsored H.R. 490, “Heartbeat Protection Act Of 2017.” [Congress.gov, accessed 5/9/22]
¶ Noem Backed Legislation To Make Construction Of Health Centers Providing Abortion Care More Difficult
Noem Co-Sponsored The “No Abortions Bonds Act” In 2017. According to Congress.gov, Noem co-sponsored H.R. 4131, “No Abortions Bonds Act.” [Congress.gov, accessed 5/9/22]