Court finds North Dakota abortion ban unconstitutional

By Steve Benen

Lawmakers in North Dakota went further than most in banning abortion last year, approving a state law that would prohibit terminating pregnancies after six weeks of pregnancy. In July, a federal court blocked implementation of the law, deeming it unlikely to withstand legal scrutiny.

Today, the judge finished the job, striking down the law as unconstitutional.

A federal judge has struck down one of the strictest abortion laws in the country, ruling that a North Dakota ban on abortions after as early as six weeks is unconstitutional.

In his decision, U.S. District Court Judge Daniel Hovland wrote of the state’s push to end abortions after a month and a half, “The United States Supreme Court has spoken and has unequivocally said no state may deprive a woman of the choice to terminate her pregnancy at a point prior to viability.”

The law, which would have prohibited abortions after a fetal heartbeat can be detected, passed last year and was immediately challenged. The Center for Reproductive Rights (CRR) filed suit on behalf of the Red River Women’s Clinic, the only abortion provider in North Dakota.

“The controversy over a woman’s right to choose to have an abortion will never end. The issue is undoubtedly one of the most divisive of social issues. The United States Supreme Court will eventually weigh in on this emotionally-fraught issue but, until that occurs, this Court is obligated to uphold existing Supreme Court precedent,” Hovland said.

It’s the latest in a series of legal setbacks for opponents of reproductive rights, following related defeats in North Carolina, Wisconsin, Arizona and Idaho.

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