A federal judge in North Dakota has struck down a state law that could ban abortions as early as six weeks into a woman’s pregnancy.
The “heartbeat bill” is considered one of the most restrictive abortion laws in the country. It would prohibit an abortion after a fetal heartbeat is detected. But federal judge Dan Hovland ruled the Roe versus Wage decision says no state law may deprive a woman of the right to terminate a pregnancy at a point prior to the viability of the fetus.
"He (Hovland) upheld the rule of law," said Center for Reproductive Rights attorney Dan Brown, who represents the only clinic in North Dakota that performs abortions. "He said quite correctly that Roe v. Wade remains the law of the land in this country and in North Dakota. North Dakota politicians do not have the option of sending the women of the state back into the dangerous and undignified and inappropriate days before Roe v. Wade."
Supporters of the law, passed in the 2013 Legislature, have said they expect this measure -- and others passed in that session -- to get the issue back before the Supreme Court.
Attorney General Wayne Stenehjem was not surprised by Hovland's decision.
"The judge telegraphed his intention last summer, when he issued the preliminary injunction" said Stenehjem. "Judge Hovland is a thorough and thoughtful judge, and I respect that. But we will decide what course the legal process provides that we will pursue."
Stenehjem says he will be checking with the named defendants – including Gov. Jack Dalrymple – and some Legislative leaders on whether or not the decision will be appealed.
