North Dakota appears intent on triggering another round of litigation in the hopes of overturning Roe v. Wade. North Dakota’s House of Representatives has voted 51-41 to declare that a fertilized egg has all the rights of any person. The vote would make abortion murder.
Minot Republican Dan Ruby previously sponsored other bills banning abortion but they all failed. Strangely , Ruby argues that the bill is compatible with Roe v. Wade: “This is the exact language that’s required by Roe v. Wade. It stipulated that before a challenge can be made, we have to identify when life begins, and that’s what this does.” That is a pretty convenient reading of the case and its progeny of cases. It misses the repeated holdings that states cannot deny a woman the right to choose in such cases.
With Democrats in control, some activists may view this Supreme Court as the best they are going to get for some time. Before any further changes occur, they may want to try one more time to further narrow or outright overturn Roe.
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