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Federal Judge Granted Injunction Against North Dakota Abortion Ban
North Dakota legislature has passed a new law that bans abortions at and after 6 weeks into the pregnancy. The major conflict that is visible here, is that many women don’t realize they are pregnant until then or after that point. U.S. District Judge Daniel Hovland in Bismarck, North Dakota, was granted a temporary injunction. This effectively would block the law from taking effect on August 1st.
This law is one of the four that Republican controlled legislature and GOP Gov. Jack Dalrymple passed this year. Combined, these laws make North Dakota the most restrictive state in the nation in which to get an abortion, according to USA Today.
Judge Hovland referred to the federal preemption of the Roe v. Wade case. He wrote, “there is no question that (the North Dakota law) is in direct contradiction to a litany of United States Supreme Court cases addressing restraints on abortion. It is clearly an invalid and unconstitutional law based on the United States Supreme Court precedent in Roe v. Wade from 1973 and the progeny of cases that have followed.”
The Center for Reproductive Rights represented Fargo’s Red River Women’s Clinic and filed a lawsuit after the law was passed. The Center for Reproductive Rights is a global reproductive rights organization that uses constitutional and international law to secure a woman’s right to an abortion in over 45 countries. Formed in 1992 and headquartered in the United States, the organization has expanded internationally, and has launched an international litigation campaign that includes abortion cases that are decided by the United Nations Human Rights Committee.
The director of the U.S. Legal Program at the Center for Reproductive Rights commented on federal district Judge Daniel Hovland’s ruling, “The nation’s more extreme abortion ban has been blocked, and the message to hostile politicians could not be clearer: the rights of women guaranteed under the U.S Constitution and protected by 40 years of Supreme Court precedent cannot be legislated away.”