North Dakota Governor Approves 6-Week Abortion Ban
Last edited Tue Mar 26, 2013, 12:55 PM - Edit history (1)
Source: New York Times
BISMARCK, N.D. (AP) Gov. Jack Dalrymple signed legislation Tuesday that that would make North Dakota the nation's most restrictive state on abortion rights, banning the procedure if a fetal heartbeat can be detected something that can happen as early as six weeks into a pregnancy.
The Republican governor also signed into law another measure that would makes North Dakota the first to ban abortions based on genetic defects such as Down syndrome, and a measure that requires a doctor who performs abortions to be a physician with hospital-admitting privileges.
The measures are fueled in part by an attempt to close the state's sole abortion clinic in Fargo. Dalrymple, in a statement, said the so-called fetal heartbeat bill is a direct challenge to the U.S. Supreme Court's 1973 Roe v. Wade ruling that legalized abortion up until a fetus is considered viable, usually at 22 to 24 weeks.
"Although the likelihood of this measure surviving a court challenge remains in question, this bill is nevertheless a legitimate attempt by a state legislature to discover the boundaries of Roe v. Wade," Dalrymple said. "Because the U.S. Supreme Court has allowed state restrictions on the performing of abortions and because the Supreme Court has never considered this precise restriction ... the constitutionality of this measure is an open question."
Read more: http://www.nytimes.com/aponline/2013/03/26/us/ap-us-abortion-north-dakota.html?hp&_r=0
uppityperson
(115,677 posts)Dalrymple acknowledged the likelihood of an ensuing court battle and recommended that lawmakers set aside money for litigation.
Here is the full text of the statement released at 11 a.m. by Dalrymple:
Gov. Jack Dalrymple today signed HB 1305, HB 1456 and SB 2305 and provided the following statements to the Legislature:
North Dakota House and Senate presiding officers:
I have signed HB 1305 which would ban abortions performed solely for the purpose of gender selection and genetic abnormalities.
I have signed HB 1456 which would ban abortions after the detection of a fetal heartbeat. Although the likelihood of this measure surviving a court challenge remains in question, this bill is nevertheless a legitimate attempt by a state legislature to discover the boundaries of Roe v. Wade. Because the U.S. Supreme Court has allowed state restrictions on the performing of abortions and because the Supreme Court has never considered this precise restriction in HB 1456, the constitutionality of this measure is an open question. The Legislative Assembly before it adjourns should appropriate dollars for a litigation fund available to the Attorney General.
I have signed SB 2305 which requires admitting and staff privileges at a nearby hospital for any physician who performs abortions in North Dakota. The added requirement that the hospital privileges must include allowing abortions to take place in their facility greatly increases the chances that this measure will face a court challenge. Nevertheless, it is a legitimate and new question for the courts regarding a precise restriction on doctors who perform abortions.
valerief
(53,235 posts)ProudToBeBlueInRhody
(16,399 posts)I guess being on of the most economically secure states in the country means that Republicans, as always, have to spend, spend, spend on their agenda.
Fuck this guy and all the righties up there.
Comrade Grumpy
(13,184 posts)This will be found unconstitutional after the state wastes a few hundred thousand dollars defending it.
I can't help but notice that threads about real world events that effect real women get much less attention here than things like Donglegate.
LoisB
(7,183 posts)The Flaming Red Head
(1,805 posts)I hate all these idiot right wing fuckers. I wish their mothers had aborted them.
alp227
(32,006 posts)As federal courts have done the same for Georgia, Mississippi, Idaho, and Arizona.
krispos42
(49,445 posts)caseymoz
(5,763 posts)I guess dogma, ideology and hatred trump any moral or intelligent recommendation.
PlanetBev
(4,104 posts)I can't fight down the feeling that this case might be the one that reaches the Supreme Court.
Mr.Bill
(24,238 posts)are connected to the law firms who will make a fortune in taxpayer money trying to defend it, even though they will fail.