Abortion and North Dakota: The Latest Battle

North Dakota is once again ground zero in the abortion wars. Last spring the state briefly considered what is known as a "human life" definition bill, which would have defined a fetus as a human being.

North Dakota is an odd place for such a battle, because so few abortions are performed in the state. There is but one facility that provides abortion, The Red River Women's Health Clinic in Fargo. It would be a three-hour trek from western parts of the state, unless a woman would go to Billing, Montana for the procedure. There were a grand total of about 1,200 abortions in North Dakota. According to 2005 figures, all of New York State had the most that year at about 125,000. Abortion appears to be a big issue in this state. You can't go on the interstate without seeing anti-abortion billboards.

A new law, set to take effect in August requires that a woman considering an abortion be required to view an ultrasound and be exposed to an audible heartbeat of the fetus. This is to be done 24 hours before the procedure. Ultimately, it's an insulting law. It's predicated on the idea that no woman considering an abortion has thought it through sufficiently. It is premised on the idea, that if only women knew what they were doing, they would forswear consideration of this fact and fall down in a heap on the floor and beg forgiveness.

Here's the wording of the law from the bill's main sponsor, Robert Erbele of Lehr

It gives a person considering the abortion just a little bit more time to think about it and maybe by viewing the ultrasound it would make them aware of the reality of what they're doing… There is a real life there and a real person that they're dealing with.

The meaning is clear. Women seeking an abortion cannot possible know what they are doing.

The clinic is filing suit to stop the law. It is based around the clinic performing the procedure has to provide the ultrasound and the heartbeat. There are criminal charges attached to not performing the procedure highlighted in the bill.

The clinic is being backed by the New York based Center For Reproductive Rights. Right now, the clinic and the center are asking for an injunction. This would mean a temporary halt to the enforcement of the law, while the lawsuit is being evaluated.

Attorney General Wayne Stenhjem says he is planning to fight the lawsuit.

The clinic says that law is vague and confusing and if the clinic would have to provide the device to hear the heartbeats, would pose a financial hardship on the clinic.

There is an issue as to whether this law interferes with patient client relationships.

The center believes that this is first time the heartbeat test has been mandated by state law.

So, once again, North Dakota is in the center of abortion politics.