North Dakota law restricting abortion blocked by federal judge
22 Jul 2013:
Law that bans procedure as early as six weeks into pregnancy among America's most restrictive anti-abortion legislation
Law that bans procedure as early as six weeks into pregnancy among America's most restrictive anti-abortion legislation
The Centre for
Reproductive Rights filed a lawsuit on behalf of the Red River women's
clinic in Fargo, North Dakota. Photograph: Dan Koeck/Reuters
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 law from taking effect on August 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 abortion," 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 GOP governor 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 US 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 US Constitution and protected by 40 years of Supreme Court precedent cannot be legislated away," she said.COPY http://www.guardian.co.uk
U.S. District Judge Daniel Hovland in Bismarck granted a temporary injunction Monday that blocks the law from taking effect on August 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 abortion," 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 GOP governor 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 US 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 US Constitution and protected by 40 years of Supreme Court precedent cannot be legislated away," she said.COPY http://www.guardian.co.uk
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