Judge Voids ND Medication Abortion Ban


A judge in North Dakota has declared unconstitutional a law passed in North Dakota that forbid the use of medications to induce abortion during the first trimester. The judge called arguments that such procedures are dangerous “exaggerated or contrived.”

Women in North Dakota got good news Thursday when District Court Judge Wickham Corwin announced at the conclusion of a three-day trial over the constitutionality of North Dakota’s medication abortion ban that he plans to issue a ruling permanently blocking the state’s onerous restrictions on medication abortion as unconstitutional.

The battle began in 2011 when North Dakota passed House Bill 1297, a law that introduced new and unnecessary restrictions on the safe and common use of FDA-approved drugs to induce first-trimester abortions. The Center for Reproductive Rights (CRR) filed a challenge in July 2011 on behalf of Red River Women’s Clinic—North Dakota’s only abortion clinic—arguing that the law denies women access to an alternative to surgical abortion that has been widely recognized as safe and effective by medical experts and organizations worldwide. The law has been temporarily blocked from enforcement since that challenge, pending the outcome of this trial.

This is very good news, but they had to know they were going to lose in court when they passed this law. Hundreds of anti-choice laws have been passed in the last three years, with the goal of getting a case to the Supreme Court that will give them an opportunity to overturn Roe v Wade. There aren’t the votes to do that yet, but they’re hoping that will change by the time the legal challenges make it up to the court.

Comments

  1. Randomfactor says

    While driving Thomas and Scalito to a tryst at a remote mountain hunting lodge.*

    *(Not intended to be a factual statement.)

  2. baal says

    with a rent boy, webcam, and a bag of meth*

    *(also not intended as a factual statement.)

  3. drr1 says

    Ed wrote:

    There aren’t the votes to do that yet…

    I’d like to think this is so, but Kennedy was really pissed after Stenberg v. Carhart. You could see from his opinion in Gonzales v. Carhart that he was still seething. Part of me says he feels like he got taken for a ride by O’Connor and Souter in Casey, and I’ve always wondered if he might be a bit wobbly ever since.

    Of course, none of this matters if Ginsburg and Breyer decide to retire from the Court via death, and either or both manages to hang on past Obama’s second term. I have to believe they both know better, and that they’ll be announcing, at the close of this term, their retirement from the Court. I can’t see either of them being willing to play that sort of Russian Roulette with the country’s future.

  4. kantalope says

    As for Ginsburg and Breyer waiting until the end of term – they better not wait too long. I can see the repubs simply not confirming a democratic nominee. If there is no guarantee of a demo successor – they better go early rather than later.

  5. mjmiller says

    Typical judge, distracting the Republicans from their laser-focus on the economy!

    -Zing! This exactly.

  6. lanir says

    Hundreds of anti-choice laws have been passed in the last three years, with the goal of getting a case to the Supreme Court that will give them an opportunity to overturn Roe v Wade.

    Too farsighted. Things like this are nothing more than votes to have the state fund the re-election campaigns of Republicans pandering to uneducated idiots.

  7. Ichthyic says

    The Culture Industry – The Ideology of Death

    Markuze? that you, off your meds again?

  8. Ichthyic says

    Things like this are nothing more than votes to have the state fund the re-election campaigns of Republicans pandering to uneducated idiots.

    the problem with that strategy, is you end up with real people who actually BELIEVE the lies the politicos like to play “push the hotbutton” with, and you end up eventually electing teabaggers.

    so you’re wrong, the farsighted nature of this HAS been noted, both within and outside of the GoP for well over a decade now, but it might actually be too late to do anything to stop it at this point.

    History has shown what happens when you empower authoritarians. It isn’t pretty.

  9. =8)-DX says

    The Culture Industry – The Ideology of Death

    Markuze? that you, off your meds again?

    Sounds like him – at the link it’s the usual: links to youtube videos and an odly composed rant about “little atheist f*ckers”. Banhammer please, plus contact the authorities. Also: d & m in the user name? We’re not stupid youknow.

Leave a Reply