Gov. Dalrymple signs North Dakota abortion ban

BISMARCK, N.D. -- Gov. Jack Dalrymple signed legislation yesterday that would make North Dakota the nation's most restrictive state on abortion rights, banning the procedure if a fetal heartbeat can be detected -- something that can happen as early as six weeks into a pregnancy.

The Republican governor also signed another measure that would make North Dakota the first to ban abortions based on genetic defects such as Down syndrome, and one that requires a doctor who performs abortions to be a physician with hospital-admitting privileges. The measures, which would take effect Aug. 1, are fueled in part by an attempt to close the state's sole abortion clinic in Fargo.

Dalrymple said the so-called fetal heartbeat bill is a direct challenge to the Supreme Court's 1973 Roe v. Wade ruling that legalized abortion up until a fetus is considered viable, usually 22 to 24 weeks.

"Although the likelihood of this measure surviving a court challenge remains in question, this bill is nevertheless a legitimate attempt by a state legislature to discover the boundaries of Roe v. Wade," Dalrymple said. "Because . . . the Supreme Court has never considered this precise restriction . . . the constitutionality of this measure is an open question."

Abortion-rights advocates promise a legal fight that they say will be unwinnable for the state. -- AP