FARGO, N.D. (AP Mar 26, 2013) – North Dakota Gov. Jack Dalrymple has signed legislation that would ban most abortions 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.  Also signed is legislation which requires admitting and staff privileges at a nearby hospital for any physician who performs abortions in North Dakota.
 
     Abortion-rights advocates say the measures signed Tuesday are an attempt to close the state’s sole abortion clinic in Fargo. Supporters of the so-called fetal heartbeat measure say it’s a challenge 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.
 
     Abortion-rights advocates say the state will have to defend the legislation in a costly legal fight.

 

Governor Dalrymple’s Statement:

BISMARCK, ND – Gov. Jack Dalrymple today (Mar 26, 2013) 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.