North Dakota Assistant Attorney General: ‘There is No Right Under State Law to an Abortion’

abortion  pdBISMARCK — The North Dakota Supreme Court heard argument this week on whether the state may disregard federal rulings on abortion and solely follow the state Constitution when creating laws that restrict or regulate the procedure.

In 2011, North Dakota legislators passed a bill that restricted drug-based abortions to those that only follow the Food and Drug Administration’s (FDA) protocol for use.

Following its passage, attorneys with the New York-based Center for Reproductive Rights filed suit on behalf of the sole abortion facility in the state, Red River Women’s Clinic in Fargo, claiming that the state was effectively enacting a ban on medical abortions altogether.

The facility uses both Mifeprex and Misprostol in abortion procedures, but due to the new law, Misprostol now could not be utilized as it is not an abortion-inducing drug and had been administered off-label.

In April, the case was argued during a three-day trial before state District Judge Wickham Corwin, who opined that the restriction was “simply wrongheaded,” but waited to release a formal opinion until July.

“[I am] convinced that a woman’s reproductive rights must be protected under the state constitution and must be recognized as fundamental,” he stated.

During this time, the Center for Reproductive Rights sought to add a challenge to its suit as the state had passed a new regulation that required abortionists to obtain admitting privileges within 30 miles should a woman become injured during the procedure. Corwin granted the inclusion, which drew praise from Center attorney Autumn Katz.

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“We are pleased that the judge has allowed our legal challenge to the state’s medically unwarranted admitting privileges law to supplement an existing lawsuit against North Dakota’s unconstitutional restrictions on medication abortion,” Katz said in a written statement.

After Corwin issued injunctions against both regulations, the state appealed to the North Dakota Supreme Court, remarking that the judge had erred in applying Roe v. Wade to the case instead of the state Constitution. Argument was heard before the court on Wednesday.

“We take issue that the court applied federal law, basically applying it into the state court,” Assistant Attorney General Douglas Bahr stated, according to Inforum. “There is no right under North Dakota state law to abortion.”

Lawmakers in North Dakota have admitted that regulations passed earlier this year served to contest the U.S. Supreme Court’s legalization of abortion.

“This amendment is intended to present a direct challenge to Roe v. Wade,” Republican Representative Margaret Sitte said of a personhood amendment approved by the legislature in February. “We are intending that it be a direct challenge to Roe v. Wade, since Scalia said that the Supreme Court is waiting for states to raise a case.”

A decision is expected in 2014.

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  • Sir Tainly

    Abortion is not murder. If it were then why didn’t the bible have even one statute or ordinance concerning abortions?

    I’ve showed fairly obviously on other abortion stories that other civilization during Moses’ time had ordinances, and reminded people that Moses was educated as an Egyptian Prince.

    I also believe that freedom is an overriding principle throughout the Bible.

    So if God and Moses did not bother even mentioning the act of abortion, then why do all my know-it-all brothers think….:
    #1. ….think that abortion is murder.
    #2. ….think that since God didn’t bother to mention abortions that they have the right to take that option away from people in God’s name.
    #3. ….That they are in a position to know better than the pregnant women and her family exactly what she needs to do.

    I believe that stopping abortions in God’s name is not murder prevention, because abortion is not murder; but instead it is a prime example of taking God’s name in vain.

    • Mark

      How did you escape ‘choice’ with your abortion is not murder propaganda?

      • Sir Tainly

        Show me in God’s word where abortion is murder, you won’t find it.

        If God has not called it murder, then why do you?

        If abortion being murder was not God’s idea, then who’s brilliant idea was it to label it as murder?

        Are you so sure that I am stating propaganda….and not you Mark?

    • Mark

      Yes there is freedom in the Bible but SELF-CONTROL is also a freedom mentioned in the New Testament as one of the “Fruits of the Holy Spirit.”

      Women who get abortions lack self-control to abstain from sex in the first place. However, just to clarify before you get idea I favor rape, this situation is entirely different that sex was forced upon the unwilling woman. BUT…..why should the innocent baby, if conceived via rape, be executed for the crime of the man?

      • Sir Tainly

        Mark said, “Women who get abortions lack self-control to abstain from sex in the first place.”


        Whoa buddy, where do you get off thinking that women only seek abortions because they are sluts….I know….but you might as well have said it like that!


        Where in the world does it say in legal terms that abortion is murder? I’m interested actually because in God’s law abortion is not criminalized. I checked, there actually is and was a Hebrew word for abortion, but God chose to not ban abortions.

        Here is a small excerpt:

        by J.B. Hare

        August, 2008

        copyright terms

        As far as I can tell there is no use of the term ‘abort’ in the sense of a medical procedure in the Old or New Testament of the Bible. There are 26 Verses total in the OT and NT with one of the three Greek or Hebrew words in Strong’s Lexicon potentially meaning ‘abortion.’ However, as will be demonstrated, in context, none of the uses in the Bible text has any bearing on the medical procedure of abortion.

        In other words, there is no Bible verse that can be cited which specifically says ‘thou shalt not abort.’ ”

    • James J. Grimes

      You are like a broken record… Abortion is murder! You can write long posts and spew your fallacies, but your posts are not convincing. “Abortion is not murder, Abortion is not murder, Abortion is not murder, Abortion is not murder…” Please, give it a break. 55 million murders and counting!!! Do you rejoice at this?

      • Sir Tainly

        See James….the great part about public forums with a discussion section to me is listening, not opening my pie hole.

        But as to you, you have judged my points and posts and also cast doubt as to my intentions and heartset.

        But what you have not done is answer my main point that God could have but did not call abortion murder. There were abortions in Egypt before Moses time, so given his great education I do believe he was aware of the issue. And even if somehow Moses had missed it while he was becoming educated to the point of being “great in word and deed” you don’t somehow think that God missed it do you!?

        The only fallacy that I see in this is that you continue to call abortion murder even though God did not. You continue to desire abortion to be banned even though that is obviously not God’s judgment. You continue to ignore all the good reasons a woman may desire to have an abortion and argue against her choice and the freedom that God gave her to rule her own life….along with hubby & family if she would….as she will.

        I’m content with our state of disunity insomuch as everyone may read and decide for themselves, but at least I am feisty enough to publicly disagree with you out here in the light in order to allow others to consider for themselves.

  • Mark

    It is about time a state stand up to the bully Supreme Court. Since abortion was never a federal ‘right’ in the first place, anything not mentioned in the U.S Constitution was left to the states.

  • Sir Tainly

    It is not murder because God’s Laws and our own laws don’t bother to say it is murder.

    So while you guys argue that it is murder, you have neither the laws of God or man to back you up.

    Not only is that a very bad position to take, it’s entirely imaginary in terms of how you define murder.

    Well, maybe you think that all soldiers are murderers, and our policemen too. I don’t think so, the laws of God and man don’t think so….but because YOU THINK SO……

    Some things are not murder, even if one may choose to think it, preach it, and yell it repeatedly….you might as well say that the sky is plaid, or polka-dot.

    God could have said that abortion was murder, but God did not!
    The Babylonians had abortion laws on their books before the OT law was written. Egypt had done abortion before Moses time and Moses was raised an Egyptian Prince.

    Do you think Moses was ignorant? Do you think God was unaware of these pre-Mosaic abortions?….Or perhaps you would prefer to rewrite God’s law as well.


    From Wikipedia:
    “Earliest evidence[edit]
    The written evidence of abortion reflects the interests of class and caste. Fines are listed in the Code of Hammurabi, ca. 1760 BCE, for the crime of causing a miscarriage through assault, with the amount varying according to the social rank of the woman.[3][4] The Vedic and smrti laws of India reflect a concern with preserving the male seed of the three upper castes; and the religious courts imposed various penances for the woman or excommunication for a priest who provided an abortion.[5] The only evidence of the death penalty being mandated for abortion in the ancient laws is found in Assyrian Law, in the Code of Assura, c. 1075 BCE;[6] and this is only imposed on a woman who procures an abortion against her husband’s wishes. The first recorded evidence of induced abortion is from the Egyptian Ebers Papyrus in 1550 BCE.[7]”

    From the Bible:
    “Moses was educated in all the learning of the Egyptians, and he was a man of power in words and deeds.
    – New American Standard Version (1995)

  • Susan

    The Bible does mention other people who sacrificed children to their gods, and the people of Israel were repeatedly told not to be like them. There is a commandment against murder. Pro-life people believe life begins at conception, so killing an unborn child would be considered murder. At what point in a child’s life would you call it murder? I think that is something the pro-abortionists have never agreed on.

    • Sir Tainly

      At this point the best that I know to do Susan is to consider the fetus to be out from the prospective mother’s authority and given it’s own human rights when it can survive outside of the womb on it’s own. I believe the commonly used term is “viability”.