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North Dakota's 'heartbeat' abortion law is overturned
pioneer press ^ | 4-16-14 | James MacPherson

Posted on 04/17/2014 4:46:33 AM PDT by TurboZamboni

BISMARCK, N.D. -- A federal judge on Wednesday overturned a North Dakota law that bans abortions when a fetal heartbeat can be detected, which can be as early as six weeks into pregnancy and before many women know they're pregnant.

U.S. District Judge Daniel Hovland said the law is "invalid and unconstitutional" and that it "cannot withstand a constitutional challenge." The state attorney general said he was looking at whether to appeal the decision by the Bismarck-based judge.

North Dakota is among several conservative states that have passed new abortion restrictions in recent years, but abortion rights supporters called North Dakota's fetal heartbeat law the most restrictive in the country. A fetal heartbeat law passed in Arkansas would ban abortions at 12 weeks into pregnancy, but it was overturned by another federal judge. The state's attorney general has said he will appeal.

(Excerpt) Read more at twincities.com ...


TOPICS: Crime/Corruption; News/Current Events; US: North Dakota
KEYWORDS: abortion; democratsacrament; heartbeat; nd

1 posted on 04/17/2014 4:46:33 AM PDT by TurboZamboni
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To: TurboZamboni

So, protecting a life is unconstitutional? Heaven help this country and its greedy pro-abortion crowd!


2 posted on 04/17/2014 4:48:48 AM PDT by NRA1995 (I'd rather be a living "gun culture" member than a dead anti-gun candy-ass.)
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To: TurboZamboni
"cannot withstand a constitutional challenge."

What business is that of his? Just rule on the LAW. This isn't an NCAA bracket prediction. Idiot.

3 posted on 04/17/2014 4:52:36 AM PDT by montag813
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To: TurboZamboni

That judge has sentenced babies to death.

He should have to attend some abortions.

Maybe get his hands wet, so to speak.


4 posted on 04/17/2014 4:53:33 AM PDT by Iron Munro (The future ain't what it use to be -- Yogi Berra)
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To: TurboZamboni

And the Left wonders why fewer Americans respect the laws they force on us.


5 posted on 04/17/2014 4:55:41 AM PDT by jmaroneps37 (Conservatism is truth. Liberalism is lies.)
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To: TurboZamboni

The various states are going about this all wrong.

While I personally believe the Supreme Court was wrong when they declared abortion a constitutional “right”, that is now the law of the land

What is needed is a new constitutional amendment clearly stating that abortions are not allowed.

There are many reasons to oppose abortion on demand (besides the obvious one of killing babies). Abortions on demand has fundamentally changed our society. I believe a case can be made that our current illegal alien problem can be linked to aborting our next generation. (Politicians are not stupid, they know that programs such as Social Security are a ponzi scheme. They only work as long as new people come into the system. Abortions on demand has cut into the potential “new members” in the scheme. Replacements had to be found. So rather than enforce our emigration laws, they (the politicians) pay lip service to the law while at the same time encouraging more into our country. An influx of people that do not share our history, our language our culture, has changed our society.


6 posted on 04/17/2014 4:56:25 AM PDT by CIB-173RDABN (I do not doubt that our climate changes. I only doubt that anything man does has any effect.)
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To: TurboZamboni

Appeal to the next higher court!


7 posted on 04/17/2014 4:56:52 AM PDT by G Larry (There's the Beef!)
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To: TurboZamboni

The most endangered species on the plant is an undborn child. All kinds of laws to protect the spotted owl, desert tortoise, and others, but protection for humans in the womb? Silch.

What a hateful bunch of people the pro Abortionist crowd is.


8 posted on 04/17/2014 4:57:43 AM PDT by greeneyes (Moderation in defense of your country is NO virtue. Let Freedom Ring.)
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To: TurboZamboni

Headline should read: Judge Hovland Sanctions Murder


9 posted on 04/17/2014 4:58:31 AM PDT by Jack Hammer
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To: TurboZamboni

Sodomy must be celebrated, children must be murdered. So decrees the federal judiciary. The people are not fit to rule themselves.

Anyone buying this lie?


10 posted on 04/17/2014 4:58:38 AM PDT by SoFloFreeper
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To: TurboZamboni

I swear, if I ever got another dog, I’d teach him to read, then give him a list of Federal judges to bite.


11 posted on 04/17/2014 5:00:34 AM PDT by Marathoner (When Obama fails, freedom prevails)
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To: TurboZamboni

It’s a Dubya judge...

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


12 posted on 04/17/2014 5:01:01 AM PDT by fieldmarshaldj (Resist We Much)
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To: CIB-173RDABN
While I personally believe the Supreme Court was wrong when they declared abortion a constitutional “right”, that is now the law of the land

Jews not being able to own guns was the law of the land in Nazi Germany.

Aryan Germans not being able to marry Jews was the law of the land in Nazi Germany.

Do I have to go on? We don't need a Constitutional Amendment; we need to rid ourselves of thieves, murderers, oppressors and tyrants.

13 posted on 04/17/2014 5:05:16 AM PDT by Gaffer (Comprehensive Immigration Reform is just another name for Comprehensive Capitulation)
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To: SoFloFreeper

“Anyone buying this lie?”

What lie is that?

Just asking.


14 posted on 04/17/2014 5:05:40 AM PDT by ripley
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To: TurboZamboni

So moms can murder their living unborn.... great.


15 posted on 04/17/2014 5:08:55 AM PDT by high info voter
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To: Gaffer

The constitution provides a non-violent way to change things.


16 posted on 04/17/2014 5:10:31 AM PDT by CIB-173RDABN (I do not doubt that our climate changes. I only doubt that anything man does has any effect.)
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To: CIB-173RDABN
What is needed is a new constitutional amendment clearly stating that abortions are not allowed.

In what world would such a thing get two-thirds of the House, two-thirds of the Senate and 38 states' approval? It couldn't clear even one of those hurdles, much less all three.

17 posted on 04/17/2014 5:11:18 AM PDT by PaulCruz2016
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To: CIB-173RDABN
While I personally believe the Supreme Court was wrong when they declared abortion a constitutional “right”, that is now the law of the land.

Lex iniusta non est lex. (Latin: An unjust law is no law at all)

Cordially,

18 posted on 04/17/2014 5:12:02 AM PDT by Diamond (He has erected a multitude of new offices, and sent hither swarms of officers to harass our people,)
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To: TurboZamboni

The rule of law is long gone. What we have instead is the rule of elite preference as imposed on us by our appointed judges, who make this stuff up as they go along and then have the nerve to claim they are just following the constitution.


19 posted on 04/17/2014 5:12:53 AM PDT by madprof98
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To: NRA1995

A “lump of tissue” can have a beating heart?


20 posted on 04/17/2014 5:14:35 AM PDT by fwdude ( You cannot compromise with that which you must defeat.)
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To: jmaroneps37

I’d really like to know the grass-roots response to Roe in 1972. I may pull some old newspapers when I get a chance.


21 posted on 04/17/2014 5:16:14 AM PDT by fwdude ( You cannot compromise with that which you must defeat.)
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To: CIB-173RDABN

It was written by honorable men with the belief that honorable men would protect the dictates within.

Our leadership in government is most certainly not honorable, neither is the local and national process of electing true stewards of the Constitution. Graft, greed, power grabbing, election fraud, and judicial infiltration are SOP and order of the day for Democrats.

Go take a look at the Declaration of Independence and the litany of indictments against King George’s acts against the colonies. Except for a name change here or there, or updating the crimes against human freedom, it reads the same for what Obama and his ilk have done.


22 posted on 04/17/2014 5:16:25 AM PDT by Gaffer (Comprehensive Immigration Reform is just another name for Comprehensive Capitulation)
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To: ripley; SoFloFreeper
What lie is that?

any of the lies SoFloFreeper enumerated....

Sodomy must be celebrated, children must be murdered. So decrees the federal judiciary. The people are not fit to rule themselves.?

or lumped into one LIBERAL LIE

23 posted on 04/17/2014 5:16:46 AM PDT by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: TurboZamboni

The “opinion” of ONE (1) Federal Judge, trumps, the vote of the entire North Dakota Legislature, and the Chief Executive of the State of North Dakota, all elected officials, for and in behalf of the entire population of the State of North Dakota.

Would anyone like to explain the apparent disconnect?

It would seem to me that someone has a misunderstanding of the word unconstitutional.


24 posted on 04/17/2014 5:19:39 AM PDT by wita
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To: TurboZamboni

If there is no judge heart beat, is there a ruling?


25 posted on 04/17/2014 5:19:46 AM PDT by bert ((K.E. N.P. N.C. +12 ..... History is a process, not an event)
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To: TurboZamboni

In North Dakota you can be charged with murder for killing an unborn child without the requirement of age in uterus, heartbeat, etc.

http://www.legis.nd.gov/cencode/t12-1c17-1.pdf?20140417071845

Most states have similar laws. If killed by a third party it is murder. If the parent decides to kill the child by abortion it is not?

http://www.ncsl.org/research/health/fetal-homicide-state-laws.aspx


26 posted on 04/17/2014 5:21:45 AM PDT by thackney (life is fragile, handle with prayer)
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To: CIB-173RDABN
While I personally believe the Supreme Court was wrong when they declared abortion a constitutional “right”, that is now the law of the land

Read Article 3. You will find nothing to back that up.

27 posted on 04/17/2014 5:23:22 AM PDT by don-o (He will not share His glory and He will NOT be mocked! Blessed be the name of the Lord forever!)
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To: TurboZamboni

Judicial tyranny at its finest.


28 posted on 04/17/2014 5:23:32 AM PDT by Ghost of Philip Marlowe (Prepare for survival.)
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To: CIB-173RDABN

We can pass those Amendments after we get the Liberty Amendments (via Mark Levin) passed.

We can also pass an Amendment defining marriage according to the Judeo-Christian definition.


29 posted on 04/17/2014 5:24:57 AM PDT by Ghost of Philip Marlowe (Prepare for survival.)
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To: fieldmarshaldj

Not surprising that a progressive RINO who hid under the mask of a conservative would appoint a Progressive judge who hides under the mask of ‘blind justice.’


30 posted on 04/17/2014 5:26:35 AM PDT by Ghost of Philip Marlowe (Prepare for survival.)
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To: TurboZamboni

http://www.freerepublic.com/focus/f-news/3145176/posts

from yesterday


31 posted on 04/17/2014 5:27:21 AM PDT by don-o (He will not share His glory and He will NOT be mocked! Blessed be the name of the Lord forever!)
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To: TurboZamboni

We are a nation of narcissists

http://www.freerepublic.com/focus/f-news/3145417/posts


32 posted on 04/17/2014 5:28:37 AM PDT by NRA1995 (I'd rather be a living "gun culture" member than a dead anti-gun candy-ass.)
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To: TurboZamboni

“...invalid and unconstitutional”

How can that be? Nowhere in the constitution does it give selfish women the right to kill their kid.


33 posted on 04/17/2014 5:36:38 AM PDT by Politicalkiddo (The more helpless the victim, the more hideous the assault.)
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To: greeneyes
undborn = unborn

silch = Zilch Ok that's it better go get the coffee.

34 posted on 04/17/2014 5:38:10 AM PDT by greeneyes (Moderation in defense of your country is NO virtue. Let Freedom Ring.)
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To: TurboZamboni

Advancements in technology (visual imagery, heartbeat recordings, etc) is the death knell for the pro abort crowd.

Wait til you can post hi rez images or hi def audio of your unborn baby on youtube, facebook, and twitter. The Left is going to lose it.


35 posted on 04/17/2014 5:39:45 AM PDT by nhwingut (This tagline is for lease)
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To: wita

States must declare their sovereignty and tell the federal government to take a hike. It’s insane for states to continue passing laws and propositions and then surrendering to the dictates of federal judges and courts.


36 posted on 04/17/2014 5:44:48 AM PDT by lakecumberlandvet (Appeasement never works.)
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To: TurboZamboni

Even judges are afraid of raging, man-hating fang tooth feminazis.


37 posted on 04/17/2014 5:46:06 AM PDT by I want the USA back (Media: completely irresponsible traitors. Complicit in the destruction of our country.)
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To: thackney

Most states have similar laws. If killed by a third party it is murder. If the parent decides to kill the child by abortion it is not?

Ain’t that just the cats meow. /s if needed.


38 posted on 04/17/2014 5:53:03 AM PDT by wita
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To: lakecumberlandvet

You get no argument from me on that point. State sovereignty and the tenth amendment to the Constitution should mean something. Too many people have a total misunderstanding of the so called supremacy clause of the Constitution.


39 posted on 04/17/2014 5:56:38 AM PDT by wita
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To: Ghost of Philip Marlowe

Judges have been allowed to usurp the power of the legislatures.


40 posted on 04/17/2014 6:04:03 AM PDT by hoosierham (Freedom isn't free)
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To: SoFloFreeper
Sodomy must be celebrated, children must be murdered.

That is unless the sodomites want children.

41 posted on 04/17/2014 6:09:05 AM PDT by Slyfox
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To: TurboZamboni
when a fetal heartbeat can be detected

Hey judge, San Fran nan, dingy hairy, bummer and other dims have a heartbeat. Can we do a very late term abortion on them?

42 posted on 04/17/2014 6:10:34 AM PDT by Arrowhead1952 (The Second Amendment is NOT about the right to hunt. It IS a right to shoot tyrants.)
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