“Appeals court finds ND ‘fetal heartbeat” anti-abortion law
Fargo resident Elizabeth Anderson, a regular at anti-abortion protests held Wednesdays at the Red River Women’s Clinic, had heard about the fetal heartbeat law being struck down about an hour after the appeals court released its ruling.
The Supreme Court has said abortion must be legal before a fetus is “viable”, and has indicated that viability usually happens around the 24th week of a pregnancy.
The eighth Circuit United states.S. Court of Appeals decides also said there have been “strong advantages” when it comes to the Supreme Court to effectively revise its law, mentioning health-related and science breakthroughs that explain the term feasibility is going to take tweak.
Several conservative states have passed restrictive abortion laws in recent years, but abortion rights supporters say North Dakota’s 2013 fetal heartbeat law was the strictest in the country.
“This continues the trend of rejection of political attempts to infringe on women’s reproductive rights”, she said. A doctor for the state said in court papers that viability begins at conception because an embryo can be kept alive in a lab and inserted into a womb. The appeals court found that North Dakota’s reasoning for the ban goes against Supreme Court precedent.
The law was considered the most restrictive in the country.
“Today’s decision reaffirms that the US Constitution protects women from the legislative attacks of politicians who would deny them their right to safely and legally end a pregnancy”.
Stenehjem said Wednesday his office was still reviewing the opinion.
More than 60 North Dakota lawmakers signed a letter sent to Attorney General Wayne Stenehjem urging him to appeal Hovland’s ruling, in which the judge noted the Supreme Court had already ruled on the issue of viability.
A spokesman for Dalrymple said he was on a flight to West Virginia on Wednesday and could not be reached.
Nancy Northrup, president and CEO of the New York-based Center for Reproductive Rights, was full of praise.
Renee Stromme, executive director of the North Dakota Women’s Network, said the 2013 Legislature “clearly and knowingly overstepped their bounds” by passing the law. Records obtained by The Associated Press show that the state has spent $312,861 defending the abortion laws as of June, including almost $233,000 on the fetal heartbeat measure.
Just this week, Wisconsin Gov. Scott Walker (R) implemented a law, which bans abortions after 20 weeks of pregnancy with an extremely narrow exception for medical emergency.
The ruling is the center’s second legal victory this year, having successfully fought and overturned an Arkansas ban on abortion services at 12 weeks.