Bismarck, ND, United States (4E) – A federal judge on Tuesday issued an order temporarily blocking a North Dakota abortion law for contradicting U.S. Supreme Court rulings.
The order by U.S. District Judge Daniel Hovland in Bismarck was in response to a lawsuit by MKB Management Corp., operator of Red River Women’s Clinic, the only abortion provider in the state.
In his decision, Bloomberg quoted Hovland as saying that the lawsuit is likely to succeed because North Dakota House Bill 1456 banning abortion if a fetal heartbeat is detected violates a Supreme Court ruling that no state may ban abortions that take place before the fetus could survive outside the mother’s body.
he abortion law, which is supposed to take effect Aug. 1, makes it a crime for doctors to terminate a pregnancy after six weeks of gestation unless there is a medical emergency.
The judge added that the state did not provide any justification for the ban, which will stop 90 percent of all abortions performed at the Red River Women’s Clinic in Fargo. Hovland gave attorneys 30 days to inform him if he would schedule a trial on the merits of the lawsuit.
North Dakota officials have said that the state has the right to protect the life of the unborn.