Federal judge delays North Dakota abortion law

AP via Seattle PI ^ | 07/22/2013 | JAMES MacPHERSON

[GIdget2004]

BISMARCK, N.D. (AP) — A federal judge on Monday temporarily blocked a new North Dakota law that bans abortion when a fetal heartbeat is detected — as early as six weeks into pregnancy, calling the law "clearly invalid and unconstitutional."

U.S. District Judge Daniel Hovland in Bismarck granted a temporary injunction Monday that blocks the law from taking effect on Aug. 1.

"There is no question that (the North Dakota law) is in direct contradiction to a litany of United States Supreme Court cases addressing restraints on abortion," Hovland wrote. " (It) is clearly an invalid and unconstitutional law based on the United States Supreme Court precedent in Roe v. Wade from 1973 ... and the progeny of cases that have followed."

[Standing Wolf]

If you’re a killer, it’s probably more fun to murder babies after their little hearts start to beat than before.

[GeronL]

we should ban courts from making law

[SeekAndFind]

It is coming to a point when Americans serious about their freedoms should ask themselves this -— CAN JUDGES TRUMP THE LEGISLATURE OR THE PEOPLE’s WILL IN A REFERENDUM?

[wardaddy]

How far downterm can we abort judges?

[Buckeye McFrog]

"clearly invalid and unconstitutional."

Guess there's no secret then on how he's ultimately gonna rule, eh?

[kimtom]

Dakota law that bans abortion when a fetal heartbeat is detected .......”

Brilliant!!!!!!!

(stop calling it women’s reproductive rights”)

[Soul of the South]

The states need to reassert their rights under the 10th Amendment. Perhaps the state should call a Constitutional Convention and pass new amendments:

1) Make state courts independent of the federal judiciary. No federal court review of state court decisions.

2) Repeal the 16th and 17th Amendments

3) Require the federal government to balance its budget each year and pay off the national debt within 50 years.

4) Narrowly define the commerce clause

5) Forbid the Federal government from engaging in activities not specifically enumerated in the language of the Constitution or its Amendments.

6) Restrict Supreme Court rulings to the specific words in the Constitution and intent of the drafters at the time it was written. Forbid the courts to consider any international law or laws of other countries.

7) A new supremacy clause. The Senate cannot approve treaties with foreign nations and organizations that are in conflict with the laws of the United States and the individual states.

8) Forbid the drawing of election district lines based on race, sex, or ethnicity of the residents.

9) Require candidates for elected federal offices, cabinet posts, and judgeships to supply proof of citizenship at the time of election or appointment. Original documents required.

10) The federal government cannot require states or localities to provide benefits or rights of citizens to non citizens.

[BwanaNdege]

What Balance of Powers (as in “Checks & Balances”) is there when one judicial individual can negate, simply by releasing a glorified press release, the deliberations and votes, over a period of time, by two state legislative bodies composed of dozens of representatives from multiple political parties duly elected by the people and these votes have been reviewed and, in most cases, endorsed by the governor of that state?

[GeronL]

bump

[fieldmarshaldj]

Hovland, Daniel L. Born 1954 in Moorhead, MN

Federal Judicial Service:
Judge, U.S. District Court, District of North Dakota
Nominated by George W. Bush on June 26, 2002, to a seat vacated by Patrick A. Conmy. Confirmed by the Senate on November 14, 2002, and received commission on November 26, 2002. Served as chief judge, 2002-2009.

Education:
Concordia College, B.A., 1976
University of North Dakota School of Law, J.D., 1979

Professional Career:
Law clerk, Hon. Ralph J. Erickstad, North Dakota Supreme Court, 1979-1980
Assistant attorney general, State of North Dakota, 1980-1983
Private practice, Bismarck, North Dakota, 1983-2002
Commissioner, Bismarck [North Dakota] Park and Recreation District, 1992-2002
Administrative law judge, Office of Administrative Hearings, State of North Dakota, 1994-2002

[Standing Wolf]

Well said, Soul of the South!

[Viennacon]

Disgusting piece of baby killing trash. Dalrymple, do something!

[Godwin1]

I have a copy of the Constitution. Nowhere in that document is it written that powerful adults have the license to kill innocent early stage humans. I have a copy of the Constitution. Nowhere does it say that unelected hack shysters have the power to overturn laws passed by state legislatures.
We must rethink the entire notion of judicial review. Judges are not representative—six Supreme Court judges were raised in New York, the least American of our cities.

[freedomfiter2]

Murder is a state issue. The judge needs to mind his own business. _

[Hoodat]

“There is no question that (the North Dakota law) is in direct contradiction to a litany of United States Supreme Court cases addressing restraints on abortion,” Hovland wrote. ” (It) is clearly an invalid and unconstitutional law based on the United States Supreme Court precedent in Roe v. Wade from 1973 … and the progeny of cases that have followed.”

In declaring this 'unconstitutional', I notice he cites everything except for the actual Constitution itself.