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.
The Center for Reproductive Rights’ Nancy Northup issued a statement heralding the ruling:
“The court was correct to call this law exactly what it is: a blatant violation of the constitutional guarantees afforded to all women. But women should not be forced to go to court, year after year in state after state, to protect their constitutional rights. We hope today’s decision, along with the long line of decisions striking down these attempts to choke off access to safe and legal abortion services in the U.S., sends a strong message to politicians across the country that our rights cannot be legislated away.”
North Dakota officials have not yet commented on the decision, but an appeal seems likely.
Steve Benen is a producer for "The Rachel Maddow Show," the editor of MaddowBlog and an MS NOW political contributor. He's also the bestselling author of "Ministry of Truth: Democracy, Reality, and the Republicans' War on the Recent Past."