The Supreme Court Just Rejected the Country’s Most Extreme Abortion Ban

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On Monday, the US Supreme Court permanently laid to rest North Dakota’s controversial “fetal heartbeat” law that would have banned abortions as early as six weeks into a pregnancy.

The law, approved by North Dakota’s state Legislature in 2013, was widely cited as the strictest abortion ban in the country because it would have effectively outlawed abortion after the first detection of a fetal heartbeat, which often occurs at six weeks, before many women even know they are pregnant. Six-week bans are so extreme that in many conservative states, which have passed large numbers of abortion restrictions, they have failed to gain traction.

In 2013, after the measure was passed, North Dakota’s sole abortion clinic, the Red River Women’s Clinic in Fargo, sued the state, and a judge blocked the law just a month before it was set to take effect that summer. After a series of appeals, a federal judge again ruled the law unconstitutional in July. Once more the state appealed the ruling and it went to the Supreme Court. But the court on Monday refused to review the lower court’s ruling, effectively overturning the ban.

Arkansas is the only other state that has banned abortion after the detection of a fetal heartbeat. That ban, which outlawed abortion after 12 weeks, was also struck down in court last year. The Supreme Court last week decided not to hear the state’s appeal.

Abortion rights advocates are now turning their attention back to the Texas case headed to the Supreme Court this spring. “This utterly cruel and unconstitutional ban would have made North Dakota the first state since Roe v. Wade to effectively ban abortion—with countless women left to pay the price,” said Nancy Northup, whose group the Center for Reproductive Rights is behind both the North Dakota and Texas cases. “We continue to look to the nation’s highest court to protect the rights, health, and dignity of millions of women and now strike down Texas’ clinic shutdown law.”

Oral arguments for the Texas case are scheduled to take place on March 2.

 

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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