KELOland: Hard-right legislators seeking to criminalize women who have an abortion. One flip-flopped from their position 3 years ago.
It seems that the hard right is pulling out all the stops this year, and is at the point where they’re going to throw everything against the wall.
State Representative Tony Randolph is joined by some of his fellow freedumb caucus members, as they attempt to remove any compassion from South Dakota’s laws on abortion, and to throw women who have one in jail:
Republican Rep. Tony Randolph introduced House Bill 1212, which seeks to remove the section in South Dakota Codified Law that states “A female who undergoes an unlawful abortion, … may not be held criminally liable for the abortion.”
and..
Women are currently not held criminally liable for receiving an abortion, only the medical provider who performs or induces the abortion is liable.
This bill would change that and could make women liable and subject to felony charges in order to “strengthen protections for unborn children,” the bill says.
Who are the legislators who want to throw women in jail?

Rep. Tony Randolph might be the prime sponsor, but he’s joined and supported by Rep. Aylward, Rep. Josephine Garcia, Rep. Phil Jensen, Rep. Dylan Jordan, Rep. Logan Manhart, Rep. Brandei Schaefbauer, Senator Tom Pischke, as well as Senate Prime Sponsor John “California” Carley.
Is this where we are in the South Dakota legislature? We finally pass a law to update our prison system, and we have goofball legislators who spend their time rabidly trying to come up with proposals to fill them?
In 2023, House Bill 1220, a measure was brought to clarify that a pregnant woman who receives an “unlawful abortion” will not be held criminally liable. In fact, South Dakota Right to Life signed off on the measure acting with compassion towards women.
All the proponents, from Sen Jessica Castleberry, R-Rapid City who sponsored HB 1220, to the Governor’s Office and Attorney General’s Office, and South Dakota Right for Life, agreed women who seek abortions are victims themselves.
“We can continue to create policy to protect unborn children, but we can also create policy to not further harm abortion vulnerable women,” Castleberry said.
and..
Sen. Erin Tobin, R-Winner, questioned Dale Bartscher, the executive director for South Dakota Right to Life, during the hearing, pointing to a letter he had handed out with a highlighted section, addressing the psychological and physical harm a pregnant woman may suffer after she has an abortion.
“Do you think that there’s a place in the future to look at the health of the mother, because that would also affect physical and psychological damage to that mother?” Tobin said. “Is that something that Right to Life would be willing to work on?”
“Right to Life definitely will continue to collaborate with anyone on issues of the protection of the mother and the baby in the mother’s womb,” Bartscher said.
Many of the legislators who were there as sponsors for the legislation in 2023, are still in the legislature, and some newer members intersect with others:

John “California” Carley was a campaign opponent to one of HB 1220’s legislative sponsors Rep. Chaffee in the last election. Rep. Dylan Jordan who is a sponsor of the new legislation trying to put women in jail is being opposed in the upcoming election by another 2023 HB 1220 sponsor, former State Rep. Fred Deutsch.
Fred, in regarding one of Jordan’s other proposals once referred to Rep. Dylan Jordan as “kooky, wrong and dangerous.” I think with this bill, he can add lacking compassion to the list of Jordan’s many shortcomings.
Interestingly when the vote for 1220 was held back in 2023, for the legislators who have been hanging out since then and are now seeking to put women in jail, Tom Pischke was out of the chamber and excused. Other sponsors did cast a ballot. Randolph, Aylward, and Phil Jensen all voted against compassion and consideration at the time.
Also at the time, Rep. Schaefbauer was part of the group that voted to pass HB1220 against criminalizing women who seek an abortion. Yet 3 years later, Brandei has joined the hard-right group who want to put women in jail and tattoo them with a scarlet letter and a jail sentence.
How times change.












