Federal court flatlines North Dakota's fetal heartbeat bill

Pro-life lawmakers in North Dakota lost a two-year battle on Wednesday when a federal appeals court overturned a law that would have effectively banned abortions as early as six weeks gestation.

The law passed by the GOP-led legislature in 2013 banned abortions if a fetal heartbeat could be detected. Compared to other state laws, supporters said this was the most stringent in the country.

Within weeks of the law passing, the state’s only abortion facility filed a lawsuit. Anticipating legal challenges, lawmakers set aside $800,000 to defend the law.

The bill caused a significant drop in abortions in 2013, before it even went into effect, because many people thought it banned all abortions, said Tammi Kromenaker, director of the state's only abortion center, in Fargo. But abortion numbers returned to normal in 2014.

A three-judge panel of the 8th U.S. Circuit Court of Appeals ruled the North Dakota law violates the Supreme Court precedent legalizing abortion until a baby is viable outside the womb, usually around 23 to 24 weeks into pregnancy.

After Wednesday’s ruling, North Dakota Attorney General Wayne Stenehjem said his office is reviewing whether to challenge the opinion, which would send the case to the U.S. Supreme Court.

“Once the review is complete, we will make a determination of what further action, if any, is advisable,” Stenehjem said.

If North Dakota does appeal, it won’t be the only state asking the Supreme Court to reconsider its viability standard in light of scientific advances and a better understanding of the pain babies feel in the womb.

State Rep. Dwight Kiefert, the Republican who introduced the law, said Wednesday he was disappointed by the court’s decision.

“I thought it was a good bill, but it’s unfortunate they took it down.” he said.

The Associated Press contributed to this report.