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| North Dakota Governor Signs Strict Abortion Laws | |
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| FARGO, N.D. — Gov. Jack Dalrymple of North Dakota approved the nation’s toughest abortion restrictions on Tuesday, signing into law a measure that would ban most abortions and inviting a legal showdown over just how much states can limit access to the procedure. | FARGO, N.D. — Gov. Jack Dalrymple of North Dakota approved the nation’s toughest abortion restrictions on Tuesday, signing into law a measure that would ban most abortions and inviting a legal showdown over just how much states can limit access to the procedure. |
| Mr. Dalrymple, a Republican, signed into law three bills passed by the Republican-controlled State Legislature. The most far-reaching law forbids abortion once a fetal heartbeat is “detectable,” which can be as early as six weeks into a pregnancy. Fetal heartbeats are detectable at that stage of pregnancy using a transvaginal ultrasound. | Mr. Dalrymple, a Republican, signed into law three bills passed by the Republican-controlled State Legislature. The most far-reaching law forbids abortion once a fetal heartbeat is “detectable,” which can be as early as six weeks into a pregnancy. Fetal heartbeats are detectable at that stage of pregnancy using a transvaginal ultrasound. |
| Most legal scholars have said the law would violate the Supreme Court’s finding in Roe v. Wade that abortions were permitted until the fetus was viable outside the womb, generally around 24 weeks into pregnancy. Even some leaders of the anti-abortion movement nationally have predicted that laws banning abortion so early in pregnancy are virtually certain to be declared unconstitutional by federal courts. | Most legal scholars have said the law would violate the Supreme Court’s finding in Roe v. Wade that abortions were permitted until the fetus was viable outside the womb, generally around 24 weeks into pregnancy. Even some leaders of the anti-abortion movement nationally have predicted that laws banning abortion so early in pregnancy are virtually certain to be declared unconstitutional by federal courts. |
| “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,” Mr. Dalrymple said in a statement. | “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,” Mr. Dalrymple said in a statement. |
| The Supreme Court, he added, “has never considered this precise restriction” in the heartbeat bill | The Supreme Court, he added, “has never considered this precise restriction” in the heartbeat bill |
| “I think there’s a lot of frustration in the pro-life movement,” said Paul B. Linton, a constitutional lawyer in Illinois who was formerly general counsel of Americans United for Life. “Forty years after Roe v. Wade was decided, it’s still the law of the land.” | “I think there’s a lot of frustration in the pro-life movement,” said Paul B. Linton, a constitutional lawyer in Illinois who was formerly general counsel of Americans United for Life. “Forty years after Roe v. Wade was decided, it’s still the law of the land.” |
| But the North Dakota fetal heartbeat law and others like it, he said “have no chance in the courts.” | But the North Dakota fetal heartbeat law and others like it, he said “have no chance in the courts.” |
| Abortion-rights advocates quickly condemned the governor’s decision as effectively banning abortion in the state and framing the laws as unconstitutional and an attack on women. Without judicial intervention, the three bills are scheduled to take effect Aug. 1. | Abortion-rights advocates quickly condemned the governor’s decision as effectively banning abortion in the state and framing the laws as unconstitutional and an attack on women. Without judicial intervention, the three bills are scheduled to take effect Aug. 1. |
| “They have no idea what kind of a sleeping giant they have awoken,” said Tammi Kromenaker, the director of the state’s only abortion provider, the Red River Women’s Clinic in Fargo. | “They have no idea what kind of a sleeping giant they have awoken,” said Tammi Kromenaker, the director of the state’s only abortion provider, the Red River Women’s Clinic in Fargo. |
| “I think that people are going to be much more aware of who we put in office and demand much more from our legislators,” Ms. Kromenake added. | “I think that people are going to be much more aware of who we put in office and demand much more from our legislators,” Ms. Kromenake added. |
| The Center for Reproductive Rights, in New York, immediately condemned the new laws and said it would file a challenge to the fetal heartbeat ban. | The Center for Reproductive Rights, in New York, immediately condemned the new laws and said it would file a challenge to the fetal heartbeat ban. |
| Mr. Dalrymple also affirmed measures to require doctors performing abortions to get admitting privileges at a local hospital, which could force the closure of the state’s only clinic that performs the procedure, and to outlaw abortions for gender or genetic abnormalities. A similar law adopted by Mississippi last year is under challenge in federal court. | Mr. Dalrymple also affirmed measures to require doctors performing abortions to get admitting privileges at a local hospital, which could force the closure of the state’s only clinic that performs the procedure, and to outlaw abortions for gender or genetic abnormalities. A similar law adopted by Mississippi last year is under challenge in federal court. |
| The signings come on top of a resolution already approved by the North Dakota Legislature last week to amend the State Constitution to assert that life begins at conception, a move that would give the fetus the rights of a person and outlaw virtually all abortions. The so-called personhood measure, asserting that “the inalienable right to life of every human being at any stage of development must be recognized and defended,” will go on the ballot next year. Such measures have previously been voted down in Mississippi and Colorado and, critics say, would raise a host of serious constitutional issues. | The signings come on top of a resolution already approved by the North Dakota Legislature last week to amend the State Constitution to assert that life begins at conception, a move that would give the fetus the rights of a person and outlaw virtually all abortions. The so-called personhood measure, asserting that “the inalienable right to life of every human being at any stage of development must be recognized and defended,” will go on the ballot next year. Such measures have previously been voted down in Mississippi and Colorado and, critics say, would raise a host of serious constitutional issues. |
| Mr. Dalyrmple acted on the measures less than 24 hours after they were advanced to his desk by the Republican-controlled Legislature in the capital, Bismarck. | Mr. Dalyrmple acted on the measures less than 24 hours after they were advanced to his desk by the Republican-controlled Legislature in the capital, Bismarck. |
| The new laws place North Dakota, for the moment at least, at the center of sharp efforts in several Republican-controlled states across the country to curb abortion rights. Just three weeks ago, Arkansas lawmakers adopted what at the time was the country’s most stringent abortion limit, also tied to detection of a fetal heartbeat and banning the procedure at 12 weeks of pregnancy. That is the point at which a heartbeat can be detected using an abdominal ultrasound. | The new laws place North Dakota, for the moment at least, at the center of sharp efforts in several Republican-controlled states across the country to curb abortion rights. Just three weeks ago, Arkansas lawmakers adopted what at the time was the country’s most stringent abortion limit, also tied to detection of a fetal heartbeat and banning the procedure at 12 weeks of pregnancy. That is the point at which a heartbeat can be detected using an abdominal ultrasound. |
| The Arkansas and North Dakota laws have offered the first victories for an emerging faction of the anti-abortion movement that is frustrated by the limited progress in curbing abortions and hopes that the Supreme Court might be ready for a radical rethinking. | The Arkansas and North Dakota laws have offered the first victories for an emerging faction of the anti-abortion movement that is frustrated by the limited progress in curbing abortions and hopes that the Supreme Court might be ready for a radical rethinking. |
| Similar measures to ban abortions when fetal heartbeats are detected are under consideration in several other states, including Kansas and Ohio. | Similar measures to ban abortions when fetal heartbeats are detected are under consideration in several other states, including Kansas and Ohio. |
| The larger, established opponents of abortion including National Right to Life, Americans United for Life and the Roman Catholic Church have not supported fetal heartbeat proposals, saying that until the court’s composition changes, they could be counterproductive. | The larger, established opponents of abortion including National Right to Life, Americans United for Life and the Roman Catholic Church have not supported fetal heartbeat proposals, saying that until the court’s composition changes, they could be counterproductive. |
| These groups have instead pursued more incremental measures, like waiting periods, requiring sonograms, and imposing stricter regulations on doctors and clinics, and, in 10 states so far, bans on abortion at 20 weeks, an approach that is nearer to the viability threshold, but is under challenge in the courts. | These groups have instead pursued more incremental measures, like waiting periods, requiring sonograms, and imposing stricter regulations on doctors and clinics, and, in 10 states so far, bans on abortion at 20 weeks, an approach that is nearer to the viability threshold, but is under challenge in the courts. |
| “There are two clashing forces in the anti-abortion movement now,” said Caitlin Borgmann, a law professor and abortion-rights advocate at City University of New York. “The incrementalists are chipping away at Roe and the others are getting impatient.” | “There are two clashing forces in the anti-abortion movement now,” said Caitlin Borgmann, a law professor and abortion-rights advocate at City University of New York. “The incrementalists are chipping away at Roe and the others are getting impatient.” |
| With passage of heartbeat laws in Arkansas and North Dakota, “this extreme wing of the movement has definitely gained momentum,” Ms. Borgmann said. “But it can only go so far because they can’t win in the courts.” | With passage of heartbeat laws in Arkansas and North Dakota, “this extreme wing of the movement has definitely gained momentum,” Ms. Borgmann said. “But it can only go so far because they can’t win in the courts.” |
| While North Dakota long has had stringent abortion regulations — and lawmakers opposed to the practice regularly have tried to impose further restrictions over the years — abortion-rights advocates here have felt particularly on the defensive this year because of the sheer number of bills introduced and their sweeping scope. | While North Dakota long has had stringent abortion regulations — and lawmakers opposed to the practice regularly have tried to impose further restrictions over the years — abortion-rights advocates here have felt particularly on the defensive this year because of the sheer number of bills introduced and their sweeping scope. |
| Previously approved abortion measures requiring the state’s lone provider here to do things like post new signs, fill out more paperwork, distribute literature and offer ultrasounds were seen as burdensome but manageable. | Previously approved abortion measures requiring the state’s lone provider here to do things like post new signs, fill out more paperwork, distribute literature and offer ultrasounds were seen as burdensome but manageable. |
| Some say that North Dakotan lawmakers and activists opposed to abortion aggressively pushed their cause this year because they were emboldened by the huge cash reserves from oil revenue that the state can use to fight legal challenges to its laws, and by the successful passage of abortion restrictions elsewhere in the country. | Some say that North Dakotan lawmakers and activists opposed to abortion aggressively pushed their cause this year because they were emboldened by the huge cash reserves from oil revenue that the state can use to fight legal challenges to its laws, and by the successful passage of abortion restrictions elsewhere in the country. |
| “Nationwide, there’s receptiveness to this,” said Paul Maloney, the executive director of North Dakota Right to Life. “People of North Dakota thought, ‘We have the kind of legislative body that would pass these kinds of pieces of legislation.'” | “Nationwide, there’s receptiveness to this,” said Paul Maloney, the executive director of North Dakota Right to Life. “People of North Dakota thought, ‘We have the kind of legislative body that would pass these kinds of pieces of legislation.'” |
John Eligon reported from Fargo, and Erik Eckholm from New York. | John Eligon reported from Fargo, and Erik Eckholm from New York. |