SD Supreme Court moves abortion case back to circuit court

The South Dakota Supreme Court has reversed a lower court’s decision on a case challenging an abortion measure.

The case, Life Defense Fund V. Dakotans for Health, questions the validity of an abortion rights amendment being put to voters in the November election.

Life Defense Fund is an anti-abortion group seeking to disqualify the petition and get the question removed from the ballot.

Previously, a lower court dismissed the case, with the judge describing it as a “collateral attack” on the amendment. The South Dakota Supreme Court reversed that decision, sending the case back to circuit court, Life Defense Fund organizers announced Friday.

Constitutional Amendment G would place the right to abortion care in the state constitution and has the requisite number of petition signatures to move forward.

South Dakota has a restrictive abortion policy, with the procedure outlawed entirely – including in cases of rape or incest, unless the life of the mother is at stake.