While much of the country was focused on the U.S. Supreme Court turning its attention to the federal Defense of Marriage Act (DOMA) and California’s Proposition 8 banning gay marriage, the governor of North Dakota signed a restrictive abortion law that bans abortions “at the point of embryonic heartbeat.”
According to the WaPo, a fetal heartbeat can be present as early as six weeks which makes this the most restrictive legislation in the country.
So much for the red sea of solidarity flowing across Facebook and Twitter.
This is a radical change from 1973’s Roe v Wade decision, which permits abortions until the fetus is considered able to live outside the womb. Some states allow abortion up to the end of the second trimester. Earlier in March, the Arkansas legislature passed a bill that would ban abortions after 12 weeks of pregnancy, over-riding the Governor’s veto.
From the press release noting Jack Dalrymple’s signature on three anti-abortion bills:
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. (emphasis added)
No kinder, gentler GOP evident here.
There is only one clinic in the state that performs abortions, the Red River Women’s Clinic in Fargo. The governor also signed SB 2305, which is targeted regulation of abortion providers (TRAP); anyone performing an abortion in N.D. must have hospital privileges under this new law.
The third bill prohibits abortion in cases of gender preference or genetic defects such as Down syndrome, as well as prohibits abortions in the case of rape or incest, according to CNN
Representatives from Planned Parenthood, the Center for Reproductive Rights (CRR) and the American Civil Liberties Union (ACLU) criticized the signing.
Nationally, only 18 percent of American voters oppose all abortion.
You might be surprised to learn that in 1967, abortion was illegal in all U.S. states. By the end of 1972 (Roe v Wade was argued in 1971 and 1972 and was decided in 1973), 20 states had legalized abortion. Public opinion has remained fairly constant over the four decades. From Wikipedia:
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