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Abortion rights debate simmers again

By Rebecca Fiss Jul 31 2009, 12:01 AM

The issue of abortion rights has laid low in the press for a while, but with the huge debate surrounding the Obama administration's new healthcare proposal, it's back in the limelight.

On the federal level, the question of whether or not abortion procedures will be covered in the healthcare bill is threatening to cause a split in the Democratic Party. Several more conservative members are even threatening to withdraw their support of the bill altogether if it includes funding of abortion procedures, and Republicans hope to take advantage of this disagreement to build opposition to the legislation. The Obama administration, meanwhile, is trying to remain neutral on the issue and focus instead on overall costs of the bill.

On the state level, meanwhile, debate rages. A lawsuit is pitting the Red River Women's Clinic against the state of North Dakota over a law requiring abortion clinics to give women an opportunity to view an ultrasound 24 hours before getting an abortion.

Supporters say that the law is meant to encourage women who are thinking of abortion to consider what they're doing. According to the plaintiff, however, the provisions are confusing. The law mentions something about a fetal audible heartbeat that should "be of a quality consistent with standard medical practice in the community," but it doesn't make clear whether or not the clinic must offer the woman the opportunity to listen to the heartbeat. It's important, the clinic says, because violating the law could lead to criminal charges.

The clinic isn't going to have an easy time with this lawsuit, however. For starters, says Attorney General Wayne Stenehjem, "Anyone challenging the constitutionality of a legislative enactment has an uphill battle because the courts have said legislative enactments enjoy a strong presumption of constitutionality," and the clinic would need the support of four out of five North Dakota Supreme Court justices to deem the legislation unconstitutional.

Additionally, the bill saw outstanding support in both the House, where it passed by a vote of 77-9, and the Senate, where the vote was 44-1.

Stenehjem says the state is prepared to defend the law during the hearing scheduled for July 30.

Previously:

[+] Bureaupat, on religious conversations in the office

 

Read More: Healthcare, Abortion, North Dakota

 
 
 
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