Federal Appeals Court Upholds Ruling Overturning North Dakota’s Strict Anti-Abortion Law

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A federal appeals court in Bismarck, North Dakota upheld U.S. District Court Judge Daniel Hovland’s 2014 ruling blocking North Dakota’s fetal heartbeat anti-abortion law from going into effect. The federal appeals court ruled on Wednesday that the law, known as House Bill 1456, was unconstitutional.

The court argued:

Because there is no genuine dispute that H.B. 1456 generally prohibits abortions before viability — as the Supreme Court has defined that concept — and because we are bound by Supreme Court precedent holding that states may not prohibit pre-viability abortions, we must affirm [the lower court ruling].

H. B. 1456 which was passed in 2013 by a Republican dominated legislature and signed into law by GOP Governor Jack Dalrymple, would have made it a Class C felony for a doctor to perform an abortion if the fetus had a detectable heartbeat. Had the law been implemented it would have effectively banned abortions as early as six weeks into a pregnancy.

The Supreme Court has defined fetal viability as occurring around the 24th week of pregnancy. The 1973 Roe v. Wade Supreme Court ruling essentially prohibits states from banning abortions prior to the point of fetal viability. The appeals court argued that the North Dakota law was clearly unconstitutional because it violated the constitutional precedent set forth by the Supreme Court.

North Dakota has only one clinic in the entire state the provides abortion services. Had H.B. 1456 gone into law, some North Dakota women would have been in a situation where they were more than 7 hours driving time away from the nearest clinic that would perform abortions after the 6th week of pregnancy.

The court’s ruling affirms that women have a right to choose whether or not to terminate their pregnancy during the first trimester. North Dakota’s overzealous legislature was attempting to push through a law that clearly violated a woman’s right to choose, even in the earliest stages of her pregnancy. Thankfully, the appeals court on Wednesday put an end to that law, and upheld a woman’s right to choose in the state of North Dakota.

14 Replies to “Federal Appeals Court Upholds Ruling Overturning North Dakota’s Strict Anti-Abortion Law”

  1. Cue the Pious Hypocrisy being set forth both in the Real World and here in the commentary section from the Oxymoronic “pro”-lifers/ANTI-Choicers.

    Screams of Judicial Activism in …
    3…
    2…
    1…

  2. The GOP remind me of a lot of men: they can’t take “no” for an answered. They feel entitled, that women need to be put in their proper place. Whatever that is, so they keep pushing, and pushing, even though the “NO’s” grow louder and louder

  3. The only reason for these anti-abortion laws is to punish poor women. I would bet my last dollar that these holier than thou gets knocked up they have the means to terminate at a doctor of their choosing

  4. ya know… the Catholic Church had/has a prohibition against abortion…

    but.. the reason always was concern for the life of the WOMAN…

    St Thomas Aquinas, often regarded as the best thinker and moral compass of the Church, wrote against abortion because the procedure was so crude that it often killed the woman…

    in the Catholic Church.. Purgatory exists for the ‘souls’ of the unborn that weren’t baptized and ‘forgiven’ of original sin… among others…

    the unborn were never viewed as souls until the procedure became pedestrian enough that women weren’t killed from having the procedure…

    in a patriarchal society… women are 2nd class and need to be taken ‘care’ of…

    no real war on women here…

  5. Didn’t Santorum’s wife have an abortion, yet he stands on his pedestal and wags his fingers at everybody else

  6. I can’t figure out why North Dakota wants to return to a world centuries before it became a state.

  7. Of course. They fly off to whatever city or country to visit “Auntie Joan” and return like nothing happened. All taken care of.

  8. A little ditty I got to hear endlessly when I visited relatives in Minot: Why Not Minot? The Freezin’s The Reason!

    Most sane people choose to live in places that are conducive to life- places like Minnesota.

  9. …somehow Santorums Sanctimonious Screed fails to surprise me…watched him on Rachel Maddows show, and he writhed under questioning like a mink in heat…he’s just another weasel…hypocritical, anti-everything unless it’s one of HIS family…then o’ course it’s just fine because he’s such a great spiritual leader….{pauses to throw up}
    …the politicized churches should not only lose tax exempt status; they should pay a hefty fine for every year they were in violation of the tax-free rules against this…for the mega-churches that would add up to billions in federal $$$…not to mention the Catholic church!!!

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