A federal appeals court has struck down North Dakota’s ban on abortions after a fetal heartbeat is detected, invalidating one of the strictest abortion restrictions in the country and allowing the state’s sole abortion clinic to remain open.
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Aside from the issue of viability and when it happens, which were directly at issue in the North Dakota case, the court invoked a handful of more general arguments against abortion rights.
The state enacted the law in 2013 aiming to ban abortions at the point in the pregnancy when the unborn child possesses a heartbeat, according to the ruling.
A three-judge panel said that the North Dakota law violates the Supreme Court precedent establishing that abortion is legal until a fetus is viable outside of the womb, usually around 23 to 24 weeks into pregnancy.
The 8th Circuit U.S. Court of Appeals judges also said there were “good reasons” for the Supreme Court to reevaluate its jurisprudence, citing medical and scientific advances that show the concept of viability is subject to change. The state could appeal the decision to the Supreme Court.
North Dakota lawmakers set aside $400,000 to defend lawsuits arising from the new abortion laws in 2013, and the Legislature added another $400,000 this year.
“Once the review it complete, we will make a determination of what further action, if any, is advisable”, the office said in a statement.
“It’s beyond time these anti-choice politicians in North Dakota and across the US finally start focusing on laws and policies that actually matter to women and their families and put an end to relentless attacks on women’s health and rights”, president and CEO Nancy Northup said in a statement.
The 2013 law was dubbed the “fetal heartbeat bill”.
Earlier this year, the Eighth Circuit also struck down Alabama’s 12-week abortion ban.
Republican Gov. Jack Dalrymple has called the law “a legitimate attempt by a state Legislature to discover the boundaries of Roe v. Wade“. Supporters say at six weeks, a heartbeat can be detected.
A spokesman for Dalrymple said he was on a flight to West Virginia on Wednesday and could not be reached.
The pro-choice group Center for Reproductive Rights challenged the law in 2013 when it was passed.
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The Fargo clinic, which performs about 1,250 abortions a year, is served by out-of-state physicians licensed to practice in North Dakota. She said abortion numbers in 2014 have returned to normal.
