# Stupid Republican idea of the day **URL:** \ **Category:** The BBQ Pit\ **Created:** [March 26, 2009, 6:48pm UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897 "2009-03-26T18:48:35Z")\ **Posts on this page:** 20\ **Page:** 129
**Author:** ![Revtim](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/revtim/32/1042_2.png) [@Revtim](https://boards.straightdope.com/u/Revtim)\ **Post date:** [February 13, 2011, 11:46pm UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897/2561 "2011-02-13T23:46:33Z")
nm ---
**Author:** ![Ludovic](https://avatars.discourse-cdn.com/v4/letter/l/7ab992/32.png) [@Ludovic](https://boards.straightdope.com/u/Ludovic)\ **Post date:** [February 14, 2011, 12:59am UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897/2562 "2011-02-14T00:59:54Z")
This is like the humor version of death by a thousand final cuts. ---
**Author:** ![Revtim](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/revtim/32/1042_2.png) [@Revtim](https://boards.straightdope.com/u/Revtim)\ **Post date:** [February 15, 2011, 6:31pm UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897/2563 "2011-02-15T18:31:34Z")
State of South Dakota HB 1171 [http://legis.state.sd.us/sessions/2011/Bill.aspx?File=HB1171HJU.htm](http://legis.state.sd.us/sessions/2011/Bill.aspx?File=HB1171HJU.htm) > [@](#): > > Homicide is justifiable if committed by any person while resisting any attempt to murder such person, or to harm the unborn child of such person in a manner and to a degree likely to result in the death of the unborn child, or to commit any felony upon him or her, or upon or in any dwelling house in which such person is. Note: Underlining is from bill text and NOT added by me Yeeeehaw! Open season on abortion doctors! ---
**Author:** ![Heyoka13](https://avatars.discourse-cdn.com/v4/letter/h/b9e5f3/32.png) [@Heyoka13](https://boards.straightdope.com/u/Heyoka13)\ **Post date:** [February 15, 2011, 6:39pm UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897/2564 "2011-02-15T18:39:04Z")
Why doesn’t South Carolina just start honoring Confederate currency (again) ? They need to re-gauge all their railroad tracks too. States rights, doncha know! ---
**Author:** ![Rhythmdvl](https://avatars.discourse-cdn.com/v4/letter/r/85f322/32.png) [@Rhythmdvl](https://boards.straightdope.com/u/Rhythmdvl)\ **Post date:** [February 15, 2011, 6:45pm UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897/2565 "2011-02-15T18:45:05Z")
> [@Revtim](#): > > State of South Dakota HB 1171 > [http://legis.state.sd.us/sessions/2011/Bill.aspx?File=HB1171HJU.htm](http://legis.state.sd.us/sessions/2011/Bill.aspx?File=HB1171HJU.htm) > > > [@](#): > > > > Homicide is justifiable if committed by any person while resisting any attempt to murder such person, or to harm the unborn child of such person in a manner and to a degree likely to result in the death of the unborn child, or to commit any felony upon him or her, or upon or in any dwelling house in which such person is > > . Note: Underlining is from bill text and NOT added by me > > Yeeeehaw! Open season on abortion doctors! Is the underlined portion new text, added to an existing law? The “commit any felony upon him or her, or … in any dwelling house” is also bit severe. Open season on a lot of folks. ---
**Author:** ![Revtim](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/revtim/32/1042_2.png) [@Revtim](https://boards.straightdope.com/u/Revtim)\ **Post date:** [February 15, 2011, 6:47pm UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897/2566 "2011-02-15T18:47:42Z")
> [@Rhythmdvl](#): > > Is the underlined portion new text, added to an existing law?. Don’t know, but note that law has the text: “This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor.” Perhaps it was added to an existing bill, but wasn’t a law yet. ---
**Author:** ![bup](https://avatars.discourse-cdn.com/v4/letter/b/6bbea6/32.png) [@bup](https://boards.straightdope.com/u/bup)\ **Post date:** [February 15, 2011, 6:55pm UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897/2567 "2011-02-15T18:55:31Z")
> [@Revtim](#): > > State of South Dakota HB 1171 > [http://legis.state.sd.us/sessions/2011/Bill.aspx?File=HB1171HJU.htmNote:](http://legis.state.sd.us/sessions/2011/Bill.aspx?File=HB1171HJU.htmNote:) Underlining is from bill text and NOT added by me > > Yeeeehaw! Open season on abortion doctors! Doesn’t it say you can kill an abortion doctor only if you’re the mother (“unborn child of such person”)? So if your boyfriend tries to kill your kid by kicking you in the stomach, lethal force is justified (you can shoot his face off). A third party is not justified by this law. ---
**Author:** ![Revtim](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/revtim/32/1042_2.png) [@Revtim](https://boards.straightdope.com/u/Revtim)\ **Post date:** [February 15, 2011, 7:06pm UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897/2568 "2011-02-15T19:06:08Z")
> [@bup](#): > > Doesn’t it say you can kill an abortion doctor only if you’re the mother (“unborn child of such person”)? > > So if your boyfriend tries to kill your kid by kicking you in the stomach, lethal force is justified (you can shoot his face off). A third party is not justified by this law. Nope. > [@](#): > > ``` > 22-16-35. Homicide is justifiable if committed by any person in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress, or servant, or the unborn child of any such enumerated person, if there is reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and imminent danger of such design being accomplished > > ``` Not sure if the “any person” in the first part is limited by the list of people in the second part, but it’s certainly not limited to the mother. ---
**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\ **Post date:** [February 15, 2011, 7:15pm UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897/2569 "2011-02-15T19:15:49Z")
> [@Revtim](#): > > Nope.Not sure if the “any person” in the first part is limited by the list of people in the second part, but it’s certainly not limited to the mother. So if a couple are separated, but still married, and the wife wants an abortion, the husband would be legally entitled to kill a doctor who provided a safe abortion? Also, what is the deal with “servant” in the legislation? Is that normal legalese these days? What century are we in anyway? ---
**Author:** ![Revtim](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/revtim/32/1042_2.png) [@Revtim](https://boards.straightdope.com/u/Revtim)\ **Post date:** [February 15, 2011, 7:18pm UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897/2570 "2011-02-15T19:18:28Z")
> [@Euphonious\_Polemic](#): > > Also, what is the deal with “servant” in the legislation? Is that normal legalese these days? What century are we in anyway? I suppose if your maid or gardener wanted to get an abortion, you could whack the doctor legally. ---
**Author:** ![Robot\_Arm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/robot_arm/32/18280_2.png) [@Robot\_Arm](https://boards.straightdope.com/u/Robot_Arm)\ **Post date:** [February 15, 2011, 7:19pm UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897/2571 "2011-02-15T19:19:19Z")
> [@Euphonious\_Polemic](#): > > Also, what is the deal with “servant” in the legislation? Is that normal legalese these days? What century are we in anyway? I figure that after the Emancipation Proclamation they just did a global search-and-replace. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [February 15, 2011, 7:22pm UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897/2572 "2011-02-15T19:22:20Z")
Yeah, that doesn’t seem to be specifically aimed at abortion providers. It just adds another layer of protection to the self-defense, uh, defense. ---
**Author:** ![Spavined\_Gelding](https://avatars.discourse-cdn.com/v4/letter/s/958977/32.png) [@Spavined\_Gelding](https://boards.straightdope.com/u/Spavined_Gelding)\ **Post date:** [February 15, 2011, 7:27pm UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897/2573 "2011-02-15T19:27:55Z")
Given that the first rule of statutory interpretations is to read the whole statute, this amendment appears to immunize what would otherwise be the murder of an abortion provider by the sperm donor, the fetus carrier’s wishes and the medical need notwithstanding. If it makes anybody feel any better, a subcommittee of the Iowa House has just voted out a proposed bill that just flat makes any abortion, any time, with or without medical justification, unlawful. It is a three person subcommittee and the vote was two to one. The proponent (a leader of the impeach the state supreme court faction) acknowledges that the bill doesn’t have a the chances of a tinker’s bitch in court. She is just looking for a vehicle to get the whole question in front of the US Supremes. That and a little publicity. The state legislature is in session; no man’s life, liberty or property is secure. ---
**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\ **Post date:** [February 15, 2011, 7:31pm UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897/2574 "2011-02-15T19:31:47Z")
By “abortion provider”, could this include pretty much anyone in the clinic? If, for example, your housekeeper (servant) was in a clinic to get an abortion, and you did not approve, could you go in and shoot the receptionist, nurse, doctor and the cleaner, and still use this as your defense? ---
**Author:** ![Heyoka13](https://avatars.discourse-cdn.com/v4/letter/h/b9e5f3/32.png) [@Heyoka13](https://boards.straightdope.com/u/Heyoka13)\ **Post date:** [February 15, 2011, 7:40pm UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897/2575 "2011-02-15T19:40:55Z")
BTW, how the hell is a fetus a living person? Genesis 2:7 And the Lord God formed man of the dust of the ground, and breathed into his nostrils the the breath of life; and man became a living soul. Do the fetuses (fetusi?) have little straws poking out the po-po so they can breathe nowadays? ---
**Author:** ![Jack\_Batty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jack_batty/32/3201_2.png) [@Jack\_Batty](https://boards.straightdope.com/u/Jack_Batty)\ **Post date:** [February 15, 2011, 7:49pm UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897/2576 "2011-02-15T19:49:26Z")
No, it just means that now you can shoot someone for fucking with the dust on your ground too. ---
**Author:** ![Fuzzy\_Dunlop](https://avatars.discourse-cdn.com/v4/letter/f/848f3c/32.png) [@Fuzzy\_Dunlop](https://boards.straightdope.com/u/Fuzzy_Dunlop)\ **Post date:** [February 15, 2011, 7:57pm UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897/2577 "2011-02-15T19:57:53Z")
> [@Euphonious\_Polemic](#): > > So if a couple are separated, but still married, and the wife wants an abortion, the husband would be legally entitled to kill a doctor who provided a safe abortion? According to the law, why couldn’t somebody also murder the mother, assuming she was voluntarily putting the fetus’s life in danger by aborting it? ---
**Author:** ![margin](https://avatars.discourse-cdn.com/v4/letter/m/65b543/32.png) [@margin](https://boards.straightdope.com/u/margin)\ **Post date:** [February 15, 2011, 8:39pm UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897/2578 "2011-02-15T20:39:06Z")
Yeah, I’m sure they could use the defense of, “But I was trying to **save** the baby, and whoops, the woman got in the way.” ---
**Author:** ![Spavined\_Gelding](https://avatars.discourse-cdn.com/v4/letter/s/958977/32.png) [@Spavined\_Gelding](https://boards.straightdope.com/u/Spavined_Gelding)\ **Post date:** [February 15, 2011, 8:58pm UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897/2579 "2011-02-15T20:58:11Z")
Here is how I think you read the clarifying subsection: 22-16-35. Homicide is justifiable if committed by any person in the lawful defense … of his or her … unborn child …, if there is reasonable ground to apprehend a design … to do some great personal injury [to the unborn child], and imminent danger of such design being accomplished. I don’t see this as an authorization to shoot the medical people who are going to abort your employee’s girlfriend’s fetus. I think the Second Amendment option is restricted to the mother and father of the fetus. It is not as expansive as some might think but it is still pretty radical and amounts to declaring open season on abortion providers and support staff (maybe down to the scrub nurse and the receptionist). ---
**Author:** ![margin](https://avatars.discourse-cdn.com/v4/letter/m/65b543/32.png) [@margin](https://boards.straightdope.com/u/margin)\ **Post date:** [February 15, 2011, 9:03pm UTC](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897/2580 "2011-02-15T21:03:44Z")
> [@Spavined\_Gelding](#): > > Here is how I think you read the clarifying subsection: > 22-16-35. Homicide is justifiable if committed by any person in the lawful defense … of his or her … unborn child …, if there is reasonable ground to apprehend a design … to do some great personal injury [to the unborn child], and imminent danger of such design being accomplished. > > I don’t see this as an authorization to shoot the medical people who are going to abort your employee’s girlfriend’s fetus. I think the Second Amendment option is restricted to the mother and father of the fetus. It is not as expansive as some might think but it is still pretty radical and amounts to declaring open season on abortion providers and support staff (maybe down to the scrub nurse and the receptionist). Your last paragraph. WAnt to vague that up some more? Either it is or it isn’t. First you say it isn’t…then you say it is. [Previous page](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897.md?page=128) [Next page](https://boards.straightdope.com/t/stupid-republican-idea-of-the-day/490897.md?page=130)