BISMARCK, N.D. — A federal judge on Wednesday overturned a North Dakota law banning abortions when a fetal heartbeat can be detected, as early as six weeks into pregnancy.
U.S. District Judge Daniel Hovland, who is based in Bismarck, said the law is “invalid and unconstitutional” and that it “cannot withstand a constitutional challenge.” The state attorney general said he was looking at whether to appeal the decision.
North Dakota is among several conservative states that have passed new abortion restrictions in recent years. Abortion-rights advocates have called North Dakota’s fetal heartbeat law the most restrictive in the country. A fetal heartbeat law passed in Arkansas would ban abortions at 12 weeks into pregnancy, but it was overturned by another federal judge. The state’s attorney general has said he will appeal.
Supporters of the measure have said the measure is a challenge to the U.S. Supreme Court’s 1973 ruling that legalized abortion up until a fetus is considered viable, usually at 22 to 24 weeks. Opponents say it’s an attempt to shutter the Red River Clinic.
