US judge delays state's abortion law

by James Macpherson

(AP)—A federal judge on Monday temporarily blocked a new North Dakota law that bans abortion when a fetal heartbeat is detected—as early as six weeks into pregnancy, calling the law "clearly invalid and unconstitutional."

U.S. District Judge Daniel Hovland in Bismarck granted a temporary injunction Monday that blocks the from taking effect on Aug. 1.

"There is no question that (the North Dakota law) is in direct contradiction to a litany of United States Supreme Court cases addressing restraints on ," Hovland wrote. " (It) is clearly an invalid and unconstitutional law based on the United States Supreme Court precedent in Roe v. Wade from 1973 ... and the progeny of cases that have followed."

New York-based Center for Reproductive Rights, which is representing Fargo's Red River Women's Clinic, filed the lawsuit after the law was passed this year by the North Dakota Legislature. It would outlaw the procedure as early as six weeks into pregnancy and before some women even know they are pregnant.

The law was one of four that the Republican-controlled Legislature and Republican Gov. Jack Dalrymple passed this year that combined make North Dakota the most restrictive state in the nation in which to get an abortion.

Bebe Anderson, director of the U.S. Legal Program at the Center for Reproductive Rights, praised Hovland's ruling in a statement Monday.

"The nation's most extreme abortion ban has been blocked, and the message to hostile politicians could not be clearer: the rights of women guaranteed under the U.S. Constitution and protected by 40 years of Supreme Court precedent cannot be legislated away," she said.

not rated yet
add to favorites email to friend print save as pdf

Related Stories

Governor approves strictest abortion ban in US (Update)

Mar 26, 2013

(AP)—A Republican governor signed legislation Tuesday on the strictest abortion law in the country, banning the procedure if a fetal heartbeat can be detected—which can happen as early as six weeks into a pregnancy.

US state moves forward on strictest abortion laws (Update)

Apr 12, 2013

North Dakota moved closer Friday to having the strictest abortion laws in the U.S., with its House of Representatives approving a measure that would outlaw the procedure after 20 weeks of pregnancy based on the disputed premise ...

Analysis: 40-year-old US abortion fight heats

Jul 21, 2013

(AP)—Abortion opponents have fought back vigorously in the 40 years since a landmark U.S. Supreme Court decision legalized the procedure. Now, their battle is gaining ground in some states where new laws are creating stringent ...

Recommended for you

Keep your teens safe on the road this summer

1 hour ago

(HealthDay)—Car crashes are the leading cause of accidental death among American teens, and parents need to take steps to keep their teens safe when they're on the road this summer, an expert says.

Survey finds sharp increase in teen use of HGH

2 hours ago

(AP)—Experimentation with human growth hormones by America's teens more than doubled in the past year, as more young people looked to drugs to boost their athletic performance and improve their looks, according ...

Government drafting birth control accommodation

2 hours ago

(AP)—The Obama administration is developing a new way for religious nonprofits that object to paying for contraceptives in their health plans to opt out, without submitting a form they say violates their religious beliefs.

User comments