I covered South Dakota’s adventure in trying to expand justifiable homicide to protect unborn children for my most recent column. I was glad they shelved it. You can read the whole piece here: but I included some meaty quotes
Somehow the bill passed the state’s judiciary committee last week. Its shaky rhetoric establishes justifiable homicide of an abortion worker as the lawful defense of one’s self, spouse, parent, child, master, mistress, servant, or an unborn child that belongs to that person. By the time the rest of the nation heard about this bill, it was branded as the bill that would allow the murder of abortion workers.
However, there are deeper consequences to such a bill being passed. The bill would not only affect abortion workers, but also the outcome of every murder trial in the state as well. Trials would become ten times more complicated as the defense would scramble to use the bill’s muddled diction and vague definitions as defense. Prosecutors would have to wade through every last detail of the case in order to prove not only that the defendant did commit homicide, but that it wasn’t justified in any sense of the bill. The burden of proof for the prosecution would become even heavier.