The heartbeat bill: North Dakota passes America's strictest abortion law
An American state has passed the country's strictest abortion law, ruling that no foetus may be terminated once a heartbeat has been detected in a move that sets up a legal challenge to the landmark "Roe v Wade" Supreme Court decision that legalized abortion in the US in 1973.
The-so called "heartbeat" bill, which was signed into law by the
rural state of North Dakota's governor Jack Dalrymple on Tuesday, bans
abortion from as early as six weeks, and make no exceptions for rape or
genetic abnormalities such as Downs Syndrome.
Critics said the ban at six weeks would take effect before many women would
know they were pregnant.
The move – which comes after a spate of state-level bills aimed at pushing
back against the Roe v Wade decision – was immediately challenged by
abortion rights groups who promised to mount a legal challenge.
The pro-choice Center for Reproductive Rights said it will file a legal
challenge to the six-week ban before it takes effect on August 1 on behalf
of North Dakota's only clinic that provides abortions.
"North Dakota has set a new standard for extreme hostility toward the
rights and health of women, the US Constitution, and 40 years of Supreme
Court precedent," Nancy Northup, the centre's president and chief
executive, said in a statement.
"We will not allow this frontal assault on fundamental reproductive
rights to go unchallenged," she added.
Anticipating the legal fight ahead, Governor Dalrymple expressed hope that the bill will be allowed to stand.
"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," he said in a statement.
"Because the US Supreme Court has allowed state restrictions on the performing of abortions and because the Supreme Court has never considered this precise restriction ... the constitutionality of this measure is an open question."
In March the local state legislature of Arkansas approved a ban on most abortions after 12 weeks of pregnancy that could take effect in August if it survives expected legal challenges, while several states ban most abortions after 20 weeks of pregnancy.
The chances of the North Dakota law standing appear slim. Last October the Supreme Court refused to review the Roe decision, refusing to hear a petition on an amendment to Oklahoma's state constitution that would have granted "personhood" to embryos.
Other cases dealing with abortion are expected to come before the court in the coming months as more states pass laws that place greater restrictions on the procedure.
Sarah Stoesz, president of the pro-abortion Planned Parenthood group for North Dakota, South Dakota and Minnesota predicted the latest bill would not stand up to constitutional scrutiny, and wold succeed only in wasting money to make a political point.
"As a result of North Dakota's leaders' disregard for women's health, the state will endure months and years of drawn-out litigation costing taxpayers hundreds of thousands of dollars," she warned, "What a reckless and appalling waste of resources."
Governor Dalrymple disagreed: "These are bills that have passed the legislature. This is what they want to do," he said. "They have a legislative right to find out if these laws can stand."
The Republican-led North Dakota Legislature has endorsed a spate of anti-abortion legislation this year, last week moving to outlaw abortion in the state completely by passing a resolution defining life as starting at conception. The measure is likely to come before voters in November 2014.
Similar measures have been put before voters in several states, including Mississippi, and rejected.
Anticipating the legal fight ahead, Governor Dalrymple expressed hope that the bill will be allowed to stand.
"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," he said in a statement.
"Because the US Supreme Court has allowed state restrictions on the performing of abortions and because the Supreme Court has never considered this precise restriction ... the constitutionality of this measure is an open question."
In March the local state legislature of Arkansas approved a ban on most abortions after 12 weeks of pregnancy that could take effect in August if it survives expected legal challenges, while several states ban most abortions after 20 weeks of pregnancy.
The chances of the North Dakota law standing appear slim. Last October the Supreme Court refused to review the Roe decision, refusing to hear a petition on an amendment to Oklahoma's state constitution that would have granted "personhood" to embryos.
Other cases dealing with abortion are expected to come before the court in the coming months as more states pass laws that place greater restrictions on the procedure.
Sarah Stoesz, president of the pro-abortion Planned Parenthood group for North Dakota, South Dakota and Minnesota predicted the latest bill would not stand up to constitutional scrutiny, and wold succeed only in wasting money to make a political point.
"As a result of North Dakota's leaders' disregard for women's health, the state will endure months and years of drawn-out litigation costing taxpayers hundreds of thousands of dollars," she warned, "What a reckless and appalling waste of resources."
Governor Dalrymple disagreed: "These are bills that have passed the legislature. This is what they want to do," he said. "They have a legislative right to find out if these laws can stand."
The Republican-led North Dakota Legislature has endorsed a spate of anti-abortion legislation this year, last week moving to outlaw abortion in the state completely by passing a resolution defining life as starting at conception. The measure is likely to come before voters in November 2014.
Similar measures have been put before voters in several states, including Mississippi, and rejected.
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