Judge Hovland Grants Temporary Injunction, Blocks Ban On Abortions After Six Weeks

On Monday, US District Court Judge Daniel Hovland granted a temporary injunction, barring HB 1456 (The Heartbeat Bill) from going into effect. HB 1456 would have banned abortions after a fetal heartbeat is detected, which occurs around six weeks from conception.

Judge Hovland said, "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," and that, "(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."

The Supreme Court did not grant the right to abortion without any restrictions in Roe v. Wade. That "right" to abortion is to be balanced with the state's interests. North Dakota has an interest in protecting life; and in the 40 years since Roe v. Wade, science and technology has evolved to a point where there is no denying that what is growing inside of a mother during pregnancy is a human being. We now know that by six weeks after conception, the unborn child's heart is pumping blood.

With that said, temporary injunctions to these types of laws in commonplace. We need to let the trial play out and hope that the court understands that a "right to privacy" does not trump a right to life; that we are not free to end a human life whenever it seems to be more convenient.