Justin's Political Corner

Rival legal teams, well-financed and highly motivated, are girding for court battles over the coming months on laws enacted in Arkansas and North Dakota that would impose the nation’s toughest bans on abortion.

For all their differences, attorneys for the two states and theabortion-rights supporters opposing them agree on this: The laws represent an unprecedented frontal assault on the Supreme Court’s 1973 Roe v. Wade decision that established a nationwide right to abortion.

The Arkansas law, approved March 6 when legislators overrode a veto by Democratic Gov. Mike Beebe, would ban most abortions from the 12th week of pregnancy onward. On March 26, North Dakota went further, with Republican Gov. Jack Dalrymple signing a measure that would ban abortions as early as six weeks into a pregnancy, when a fetal heartbeat can first be detected and before some women even know they’re pregnant.

Abortion-rights advocates plan to challenge both measures, contending they are unconstitutional violations of the Roe ruling that legalized abortion until a fetus could viably survive outside the womb. A fetus is generally considered viable at 22 to 24 weeks.

“I think they’re going to be blocked immediately by the courts — they are so far outside the clear bounds of what the Supreme Court has said for 40 years,” said Nancy Northup, president of the Center for Reproductive Rights.

The center will be leading the North Dakota legal challenge and working in Arkansas alongside the American Civil Liberties Union’s state and national offices. Both Northup and ACLU lawyers say they have ample resources to wage the battles, and they expect victories that would require their attorneys’ fees to be paid by two states.

Dalrymple, in signing the ban, acknowledged that its chances of surviving a court challenge were questionable, but said it was worth the eventual price tag — at this point unknown — in order to test the boundaries of Roe.

North Dakota’s attorney general, Wayne Stenehjem, initially said lawyers from his office would defend any lawsuits but is now considering hiring outside help. His office is working on a cost estimate for the litigation that could be presented to lawmakers soon.

“We’re looking at a sufficient amount to adequately defend these enactments,” Stenehjem said.

A lead sponsor of the Arkansas ban, Republican state Sen. Jason Rapert, said threats of lawsuits “should not prevent someone from doing what is right.”

He contended that the ban had a chance of reaching the U.S. Supreme Court through the appeals process and suggested that the victory predictions made by abortion-rights lawyers amounted to “posturing” aimed at deterring other states from enacting similar bans.

In both Arkansas and North Dakota, the states’ lawyers will be getting pro bono assistance from lawyers with Liberty Counsel, a conservative Christian legal group.

Mathew Staver, the group’s chairman, said supporters of the bans were resolved to fight the legal battles to the end, and issued a caution to the rival side.

“They ought to hold off on their celebrations,” he said. “The cases have a long way to go through the court system.”

The North Dakota ban is scheduled to take effect Aug. 1, along with two other measures that have angered abortion-rights backers. One would require abortion providers to have admitting privileges at a local hospital, the other would make North Dakota the first state to ban abortions based on genetic defects such as Down syndrome.

The Center for Reproductive Rights is reviewing its options regarding the latter two bills, but definitely plans to challenge the 6-week ban before Aug. 1. Northup said her team is pondering whether to file suit in state court or U.S. district court.

In Arkansas, where the 12-week ban would take effect 90 days after the end of the legislative session, abortion-rights lawyers plan to file their challenge in federal court within the next few weeks.

Bettina Brownstein, who will be representing the ACLU of Arkansas in the case, said the U.S. district court with jurisdiction over Little Rock had issued rulings in past abortion-related cases that gave her confidence of victory this time.

“Eventually it could go to U.S. Supreme Court on appeal, but that would take a while, and they may not want to hear it,” she said. “It’s a question of how much money the state wants to spend.”

Northup chided officials in both Arkansas and North Dakota for their willingness to spend taxpayers’ money on difficult and divisive legal cases.

“It’s important that the citizens of those states realize that every dollar spent to defend blatantly unconstitutional laws is taxpayers’ dollars wasted,” she said.

Attorneys’ fees for the upcoming cases are impossible to estimate at this stage, but Northup said her organization received $1.3 million in fees from Alaska after that state lost a recent case regarding an abortion-related law.

The last few years have been intensely busy for the Center for Reproductive Rights, the ACLU and other abortion-rights legal groups as Republican-controlled legislatures have enacted scores of laws seeking to restrict access to abortion. At least two dozen such measures are currently the target of lawsuits, said Northup, who vowed that her organization “will not let unconstitutional laws go unchallenged.”

Some of the recent laws place new requirements on abortion clinics, others require abortion providers to perform certain procedures or offer state-mandated counseling before an abortion can take place.

At least 10 states have passed bills banning abortions after 20 weeks of pregnancy on the disputed premise that a fetus can feel pain at that stage. One of those laws, in Idaho, was struck down by a U.S. district judge on March 6, while the laws in Georgia and Arizona have been temporarily blocked by judges pending further court proceedings.

Abortion-rights advocates, while eager to defeat the new bans in North Dakota and Arkansas, worry about the impact of the broader surge of restrictions.

“I don’t believe these bans are going to take effect, but the danger is that they make the other laws look reasonable,” said Talcott Camp, deputy director of the ACLU’s Reproductive Freedom Project. “The ultimate goal is to take this decision away from a woman and her doctor and give it to the politicians.”

One of the most frequent targets of the anti-abortion laws is the Planned Parenthood Federation of America, which — in addition to providing a range of other health services — is the nation’s leading provider of abortions.

Planned Parenthood’s president, Cecile Richards, said she found it frustrating that women “continue to be a political punching bag.” But she saw an upside to the wave of anti-abortion legislation: more members and more donations for her organization.

“These attacks have served to energize our supporters,” she said. “We’ve gained 2 million members in the past two years.”

There’s new energy on the other side as well.

The tough North Dakota laws have been welcomed by the protesters who gather weekly in Fargo outside the state’s lone abortion clinic.

Among those on hand for the latest protest at the Red River Women’s Clinic was Scott Carew, 50, who had brought two anti-abortion posters nailed to pieces of wood.

“Certainly, we’re proud of the governor standing up for life,” Carew said. “We’re going to keep standing up for life until we can’t stand up anymore.”

H/T: Yahoo! News

The North Dakota legislature has placed a “personhood” amendment on the ballot in 2014 so voters can decide whether to adopt the most sweeping abortion ban in the country, according to media reports.

The personhood measure, which cleared both houses of the legislature on Friday, would guarantee “the inalienable right to life of every human being at any stage of development must be recognized and protected.” Opponents say it would prohibit all abortion in the state and may also outlaw birth control.

“The North Dakota legislature has taken historic strides to protect every human being in the state, paving the way for human rights nationwide,” said Keith Mason, the president of Personhood USA, which supports the amendment.

Abortion rights groups swiftly criticized the move.

h/t: TPM LiveWire

North Dakota lawmakers voted on Friday afternoon to pass a “personhood” abortion ban, which would endow fertilized eggs with all the rights of U.S. citizens and effectively outlaw abortion. The measure, which passed the Senate last month, passed the House by a 57-35 vote and will now head to Republican Gov. Jack Dalrymple’s desk.

The personhood ban will have far-reaching consequences even beyond abortion care, since it will charge doctors who damage embryos with criminal negligence. Doctors in the state say it will also prevent them from performing in vitro fertilization, and some medical professionals have vowed to leave the state if it is signed into law.

The measure is so extreme that some pro-life Republicans in the state have come out against it, planning to join a pro-choice rally in the state capital on Monday to oppose the far-right abortion restriction.

h/t: Tara Culp-Ressler at Think Progress Health

Not to be outdone by Arkansas lawmakers — who recently overrode their governor to impose a 12-week abortion ban, the strictest in the country — abortion opponents in North Dakota want to go even further.

So far this year, anti-choice lawmakers in Arkansas and North Dakota have practically tripped over each other to see which state can impose more abortion restrictions. Arkansas initially pulled into the lead by imposing two stringent restrictions, a 20-week abortion ban and, later, a stricter 12-week ban. But North Dakota may be ready to raise the stakes once again. Republican lawmakers are advancing a “fetal heartbeat” measure to outlaw the procedure after just six weeks of pregnancy, before many women even realize they’re pregnant, and they expect to have enough support to push it though:

House Bill 1456 would make it a felony for a doctor to perform a nonemergency abortion after a fetal heartbeat can be detected, which can be as early as five or six weeks. House Bill 1305 would prohibit abortions sought because a fetus has been or could be diagnosed with any genetically inherited defect, disease or disorder.

The Republican-led state Senate will vote today on the measures, said state Representative Bette Grande of Fargo, who co-sponsored the bills in the Republican-controlled House, where both have passed. Grande said she expects the Senate to approve both and the governor, also a party member, to sign them.

“The heartbeat is society’s marker for life,” Grande, a Republican, said by telephone from Fargo.

So-called “fetal heartbeat” bans are blatantly unconstitutional. Even though Roe v. Wade guarantees the right to legal abortion services until the point of viability, typically around 23 or 24 weeks of pregnancy, heartbeat bans narrow that window by as much as 17 weeks.

Unfortunately, this isn’t the only egregious affront to reproductive rights that women in North Dakota have to worry about. State lawmakers are also considering an even more radical “personhood” measure that would outlaw abortion altogether, as well as some forms of contraception. And, despite the fact that there’s just one abortion clinic left in the state, anti-choice Republicans are attempting to advance legislation that would force it to close its doors.

h/t: Tara Culp-Ressler at Think Progress Health

So far this year, GOP lawmakers in Arkansas and North Dakota have practically tripped over each other to see which state can introduce more anti-abortion legislation. Among other abortion restrictions, each state is currently advancing a “fetal pain” measure to outlaw abortion procedures after 20 weeks of pregnancy — based on the scientifically disputed notion that fetuses can feel pain at that point — despite the fact that similar laws have been blocked in court for running afoul of the reproductive rights granted under Roe v. Wade.

On Monday, state senators in both Arkansas and North Dakota approved 20-week abortion bans. Neither measure makes an exception for the health of the woman, despite the fact that women who seek late-term abortions often do so because they discover unexpected health issues or fatal fetal abnormalities. Arkansas’ measure does include narrow exceptions to allow abortion services in the cases of rape, incest, or to save the woman’s life — but North Dakota’s abortion ban doesn’t even make the narrowest exceptions for rape or incest.

But the possibility of an impending court challenge won’t stop anti-choice lawmakers who are insistent on slowly chipping away at women’s constitutional right to reproductive health services. Both Arkansas and North Dakota have also proposed more extreme abortion measures — a “heartbeat ban” in Arkansas that would outlaw abortion after just 12 weeks, and a “personhood” measure in North Dakota that could ban all abortions and even some forms of contraception — that go even further to circumvent Roe, which guarantees women’s right to a legal abortion until the point of viability, around 24 weeks of pregnancy.

h/t: Tara Culp-Ressler at Think Progress Health

2011 and 2012 were both record-breaking years for new abortion restrictions, and abortion opponents are aren’t showing signs of letting up this year. The “personhood” movement to endow zygotes with the full rights of U.S. citizens, effectively outlawing all abortions and even some forms of contraception, has largely been a failure — but that doesn’t mean anti-choice lawmakers are giving up their quest to redefine the medical terms of pregnancy. The push for “fetal heartbeat” bans is the next anti-choice movement to watch.

Fetal heartbeat measures seek to outlaw abortions as soon as a fetal heartbeat can be detected — which can occur as early as six weeks, before many women even know they’re pregnant — in direct contradiction to Roe v. Wade, which guarantees women’s right to an abortion until the point of viability at about 23 or 24 weeks of pregnancy. Despite the fact that heartbeat bills are much more extreme than the 20-week abortion bans that are already floundering in court for running afoul of Roe v. Wade, anti-choice lawmakers in at least five states are flirting with this type of legislation:

– OHIO: Anti-choice lawmakers in Ohio first advanced a heartbeat bill in 2011. After the measure was stalled in the state senate for over a year, abortion opponents pressured the legislature to take up the issue again during their lame duck session after the 2012 elections. But ultimately, the bill didn’t come up for a vote because the state Senate leader, Tom Niehaus (R-OH), acknowledged it was too controversial even among abortion opponents. Niehaus said he wanted to wait until lawmakers anti-choice community reached consensus on the measure — which means it could be back on the agenda sometime this year.

– MISSISSIPPI: About a week into the new year, GOP lawmakers in Mississippi filed a fetal heartbeat bill virtually identical to the one that failed to make it out of committee during the state’s last legislative session. Mississippi Gov. Phil Bryant (R) has already made it clear that he would sign such a bill if it ever reaches his desk. At a private anti-abortion event at the beginning of January, the governor confirmed that he supports banning abortion as soon as a fetal heartbeat can be detected. “It would tell that mother, ‘Your child has a heartbeat,’” Bryant said.

– WYOMING: About two weeks ago, state Rep. Kendell Kroeker (R) introduced a measure to supersede the medical definition of viability. Current state law says abortions are prohibited after a fetus has “reached viability,” and Kroeker sought to replace those words with “a detectable fetal heartbeat.” The Republican lawmaker said the idea for his heartbeat bill just came to him one day because “it became clear that if a baby had a heartbeat, that seemed simple to me that it’s wrong to kill it.” On Monday, a House panel struck down Kroeker’s bill because it was too medically vague. But if Ohio and Mississippi are any indication, this likely won’t be the last time that fetal heartbeat legislation shows up in Wyoming.

– ARKANSAS: Republicans in Arkansas also hopped on the fetal heartbeat train this week, but they went a step further — state Sen. Jason Rapert’s (R) proposed heartbeat bill would prosecute the doctors who perform abortions after the arbitrary cut-off with a Class D felony, punishable by up to six years in prison and up to a $10,000 fine. And thanks to the strong Republican majorities in Arkansas’ legislature, this piece of legislation has a good chance of advancing. It easily passed out of committee on Wednesday and is now headed to the state Senate, where 19 of the chamber’s total 35 members have already signed onto it as co-sponsors.

– NORTH DAKOTA: Like Arkansas, the anti-choice politicians in North Dakota want to prosecute the doctors who perform abortions after a fetal heartbeat can be detected — and their heartbeat ban was part of the “flurry” of anti-abortion bills that lawmakers rushed to introduce around last week’s Roe v. Wade anniversary. A House committee is currently considering the measure, along with an even more radical “personhood” proposal. North Dakota has already imposed some the most restrictive anti-abortion laws in the nation, and women’s health advocates in the state warn that the passage of these new bills “would be tantamount to banning abortion” altogether.

Three of the states on this list — Mississippi, Arkansas, and North Dakota — only have a single surgical abortion clinic left in the entire state, which means women already have to overcome significant geographic barriers to obtain an abortion. 

h/t: Tara Culp-Ressler at Think Progress

The last two nights of MSNBC’s The Rachel Maddow Show featured segments on how abortion rights are under attack in 4 states (Arkansas, Mississippi, North Dakota, and South Dakota), both by anti-choice zealots and GOP Governors (Bryant [MS], Dalrymple [ND], Daugaard [SD]) and their legislatures, as part of the War On Women playbook to drastically curtail and/or end abortion rights and to defund Planned Parenthood, to name a few. 

Mississippi’s last women’s health clinic, Jackson Women’s Health Organization, could be closed down due to anti-choice extremist Governor Phil Bryant (R)’s wishes that “Mississippi should be an abortion-free state.” If his plan successfully goes through, it would be the 1st state since the highly controversial 1973 Roe v. Wade ruling by SCOTUS to effectively ban abortion. 

Of the four states with only one women’s health service clinic (or abortion provider) left in their respective states, all except Arkansas currently has a GOP Governor running the state. All four of the states listed have both their state Houses and Senates under GOP control.

Full blogpost at Daily Kos

BISMARCK, N.D. — Dwight Thompson is a solid conservative businessman who will be voting for a Republican for president and a Democrat for Senate.

He’s a ticket-splitter, a rare political breed critical to Democratic Senate candidates in states like North Dakota, where Republican Mitt Romney is expected to easily win the presidential race while down-ballot contests remain stubbornly close.

North Dakota is enjoying an energy development boom and, unlike most of the rest of the nation, its economy is robust. Unemployment is 3 percent, the lowest of any state in the nation. The Senate race here largely has come down to the personalities of Democrat Heidi Heitkamp and Republican Rep. Rick Berg.

Thompson, 57, of Grand Forks, sees no contradiction in his decision. For him, it’s about familiarity.

“There’s just a kind of feistiness about (Heitkamp). I think that draws people to her,” said Thompson, the chief financial officer of Altru Health System. “It’s more for Heidi than against Berg.”

Less than three weeks from Election Day, the North Dakota Senate race looms large in the broader race for control of the Senate.

Republicans need to gain four seats to take control of the Senate if President Barack Obama is re-elected, three if Mitt Romney wins the White House. That’s because the vice president, who also serves as president of the Senate, has a vote in case of a tie.

The GOP task of gaining four has become increasingly difficult because of candidates like Heitkamp in races the GOP had once considered plum pickup opportunities.

Republicans romped in North Dakota in 2010. Berg took the state’s lone seat in the House away from a Democrat as GOP Gov. John Hoeven easily won a Senate seat formerly in Democratic hands. Afterward, four-term Democratic Sen. Kent Conrad decided against running again.

Voters like Thompson have long since made up their minds about the presidential race. Romney, like every Republican presidential candidate in the state since 1964, is expected to win in a waltz.

But the contest between Berg and Heitkamp has remained close. A recent Mason-Dixon poll of the state conducted for Valley News Live had the two candidates tied at 47 percent each. The same poll showed Romney easily beating Obama and Republican Kevin Cramer comfortably ahead of his Democratic challenger, Pam Gulleson, in the race for Berg’s House seat.

Ticket-splitting has a long history in North Dakota. Until 2010, the state’s congressional delegation had been entirely Democratic since 1986, even as the state regularly voted for the GOP presidential ticket.

Republicans had hoped that the Senate race would be over by now, that Romney voters intrigued by Heitkamp would settle in with Berg. The first-term congressman’s case to voters has been similar to Romney’s: a healthy emphasis on the national debt, a dismissal of Obama’s policies and the promise that he can bring his skills as a businessman to the Senate.

H/T: Huffington Post