Noem signs bill aiming to restrict abortion pill access

SIOUX FALLS, S.D. (AP) — 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. 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.

U.S. District Judge Karen Schreier halted the state from implementing the rule after finding that it would have created "an undue burden on a person’s right to seek an abortion.” However, South Dakota has appealed that decision to the Eight Circuit Court of Appeals.

Noem cast the law as prohibiting telemedicine prescriptions for abortion pills. The Food and Drug Administration last year permanently removed a major obstacle for women seeking the medication by eliminating a long-standing requirement that they pick it up in person. About 40% of all abortions in the U.S. are now done through medication rather than surgery.

However, women in South Dakota are already required to make two trips to an abortion clinic to get the pills. First, for an initial screening, then they must wait 72 hours before they can return to the clinic to get both drugs in the two-dose regimen. They can take the second dose at home.

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.

Planned...