This week, an Eighth Circuit Court of Appeals panel ruled against North Dakota’s fetal heartbeat law.
Though the state has been ordered to not enforce the law, the appeals court strongly signaled that the Supreme Court should revisit its abortion precedents, including Roe v. Wade.
Passed in 2013, North Dakota’s H.B. 1456 makes it a felony for a physician to perform an abortion once the unborn baby’s heartbeat is detected, except in cases of medical emergencies.
An unborn baby’s heartbeat is detectable at about 6-7 weeks. Under current Supreme Court jurisprudence, states may not prohibit women from having an abortion before the unborn baby is “viable”—when the baby is capable of living outside the womb (with or without medical assistance).
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