The state of North Dakota is appealing a federal judge’s order that declares one of the nation’s most restrictive abortion laws as unconstitutional.
The law in question was dubbed the “fetal heartbeat” law. It would prohibit abortions after a fetal heartbeat is detected, which could happen as early as six weeks into a pregnancy. Judge Daniel Hovland’s ruling would be appealed to the Eighth US Court of Appeals.
"While Judge Hovland’s ruling was not unexpected, and is understandable given controlling case law, the Legislature passed the law in hopes that a higher court would revisit the issue," said Attorney General Wayne Stenehjem in a statement. "The office of Attorney General was created for the purpose of representing the state, including defending legislative enactments in court, and that is what my duty requires of me."
"I'm very pleased that he has done so," said Rep. Bette Grande (R-Fargo), one of the bill's sponsors. "It's what we planned all along."
Stenehjem's Democratic opponent, Kiara Kraus-Parr, criticized Stenehjem's decision.
"Unfortunately, Attorney General Wayne Stenehjem has decided to appeal Judge Hovland’s ruling, not because he can win the case, but rather to please members within his own party," Kraus-Parr said in a statement. "Stenehjem’s desire not to upset his party, to put politics ahead of the law, will cost North Dakota taxpayers hundreds of thousands of dollars and further inflame passions on this issue."
