Abortion North Dakota War On Women

‘Clearly Invalid and Unconstitutional’

A glimmer of good news in the War on Women today as a federal judge has temporarily blocked North Dakota’s ban on abortions after just six weeks before some women even know they’re pregnant.

via USA Today

BISMARCK, N.D. (AP) — A federal judge has temporarily blocked a new North Dakota law that bans abortion when a fetal heartbeat is detected — as early as six weeks into pregnancy. [...]

“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,” Hovland wrote. ” (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.”

Is a direct challenge to Roe vs. Wade on the way?

It seems likely, however I believe anti-choice opponents should be careful what they wish for. I’m skeptical that the Supreme Court would overturn the ruling and I believe they may even decline to hear the case, instead relying on the ruling of lower courts. Whether that’s a good or bad thing could depend entirely on where you live.