North Dakota Becomes 15th State to Protect Babies From Abortions

National   |   Steven Ertelt   |   Apr 25, 2023   |   12:57PM   |  

North Dakota has become the 15th state in the United States to officially legally protect babies from abortions.

North Dakota Gov. Doug Burgum signed the pro-life bill into law that bans abortions starting at 6 weeks when an unborn baby’s heartbeat can easily be detected. The measure takes effect and becomes state law immediately due to the emergency clause contained in the law.

Abortion advocates may possibly challenge the law in court but, for now at least and until and unless this happens, North Dakota protects babies from abortion.

The other good news for the state is that there are not abortion centers operating in North Dakota today. The only abortion facility in North Dakota, the Red River Women’s Clinic, which sued the state over its previous abortion ban that was enacted prior to Dobbs, has moved across the border to Minnesota.

That means no babies are currently being killed by abortions in North Dakota and that’s good news for pro-life advocates.

SBA Pro-Life America’s Western Regional Director Adam Schwend shared his reaction with LifeNews.

“North Dakota is a compassionate state that believes in protecting the lives of unborn children and standing side by side with mothers. We applaud Gov. Burgum and legislators for enacting the will of the people in passing a law to protect babies with beating hearts and who can feel the pain of abortion. By addressing the concerns put forward by the state Supreme Court last March, this measure will save lives.”

Senate Bill 2150 is now law and in effect, protecting babies throughout pregnancy. Previously, abortion had been allowed up to 20 weeks post-fertilization in North Dakota under the court’s injunction.

The new law includes rape, incest, and life of the mother exceptions as well as specific provisions on ectopic pregnancies and medical emergencies — making it clear that medical care can be provided and that such care does not violate the ban.

With North Dakota’s law in effect, 15 states are now pro-life states.

Alabama, Arkansas, Idaho, Kentucky, Louisiana Mississippi, Missouri, Oklahoma, South Dakota, Tennessee, Texas and West Virginia have banned abortions and have varying exceptions, Georgia has a 6-week ban in place protecting babies after their heartbeat is detectable, and abortions are banned in Wisconsin as the legislature and governor battle over the future of the pre-Roe law. Every state allows care for miscarriage or ectopic pregnancy and has an exception to protect the life of the mother.

15 States Have Abortion Bans Enforced

Alabama: Alabama did not have a trigger law that immediately made abortions illegal. Instead, state officials had to secure enforcement of a 2019 pro-life law that protects babies from abortions. Following the decision, all three of Alabama’s abortion businesses stopped killing babies in abortions and a federal judge granted the state’s request to lift an injunction and allow the state to enforce the 2019 abortion ban signed into law by pro-life Governor Kay Ivey.

Arkansas: Arkansas Attorney General Leslie Rutledge has certified that the trigger law for the Natural State is now in effect in accordance with Act 180 of 2019.

Georgia: The 11th U.S. Circuit Court of Appeals ruled the state’s heartbeat law can go into effect, saving babies with beating hearts from abortions.

Idaho: The Idaho Supreme Court allowed the state’s heartbeat law to be enforced that protects the lives of unborn babies when they have a detectable heartbeat at 6 weeks. The state’s highest court also rejected Planned Parenthood’s bid to block the state’s trigger law from going into effect on August 25th, which would protect babies starting at conception.

Kentucky: Babies will once continue to be protected from abortions in Kentucky following a state Supreme Court ruling reinstating the ban as the lawsuit from two abortion businesses against it proceeds.

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Louisiana:  The Louisiana Supreme Court issued a ruling allowing the state’s abortion ban to continue saving babies from abortions while the lawsuit against it from abortion businesses continues.

Mississippi: Mississippi was one of 10 states to ban abortions following the Supreme Court decision to overturn Roe v. Wade. Thanks to a state judge who denied a request from Mississippi’s last remaining abortion business to stay open, the new ban protecting babies is in effect.

Missouri: Minutes after the Supreme Court struck down Roe v. Wade, Missouri became the first state to invoke a trigger law banning all abortions in the state, except in cases of medical emergency. Missouri Attorney General Eric Schmitt issued an opinion that would trigger parts of a state House bill that outlaws almost all abortions in the state.

North Dakota: North Dakota Gov. Doug Burgum signed the pro-life bill into law that bans abortions starting at 6 weeks when an unborn baby’s heartbeat can easily be detected.

Oklahoma:  Before Roe was overturned, Oklahoma had the distinction of becoming the first in the nation to successfully ban abortions from conception when Governor Kevin Stitt signed its Texas-style abortion ban. But, with the Supreme Court reversing Roe, the state’s trigger ban has gone into effect — which successfully bans abortions without having to rely on a private enforcement mechanism.

South Dakota: The state become the 2nd after Roe fell to invoke its trigger ban protecting babies.

Tennessee: The Tennessee trigger law went into effect on August 25th to protect babies from abortions.

Texas: As the first state in the nation to successfully ban abortions thanks to its private right of action law, Texas has seen its abortions drop over 50% as a result. Then, a pre-Roe abortion law went into effect immediately following the Supreme Court decision to overturn Roe v. Wade that provided protection for babies starting at conception.Now, its trigger law has gone into effect for the strongest pro-life law possible.

West Virginia: West Virginia Gov Jim Justice has signed the abortion ban and it protects babies from conception.

Wisconsin: The state’s pre-Roe abortion ban is now in effect and all abortion businesses have reportedly stopped killing babies. But abortion activists are fighting to overturn the law in court.

* Utah: The state of Utah has not officially banned abortions, but the governor has signed a ban on abortion clinics. This law is currently in effect and abortion clinics are closed, but residents can still purchase abortion pills by mail. The state is currently fighting to defend its ban in court.

6 States are Fighting in Court to Save Their Abortion Ban

Meanwhile, the states of Indiana, Iowa, Ohio, South Carolina, Utah and Wyoming are all fighting in court to protect their abortion bans so babies can be saved.

Iowa appears likely to keep its abortion ban in place thanks to a change in the makeup of the state Supreme Court and reversing a decision falsely claiming the state constitution allows a right to abortion. Ohio and South Carolina’s heartbeat bill will likely be upheld by their conservative Supreme Courts — and the hope is the remainder of the states all will eventually be able to enforce their bans.

Additionally, Florida has a 15-week ban in effect and it is fighting in court to uphold that and the heartbeat law Governor Ron DeSantis just signed. Arizona also has a 15-week ban.

Ultimately, if all of these abortion bans are upheld, 22 states will protect babies from abortions.

Other States With the Potential to Protect Babies From Abortions

Other states have the potential to pass abortion bans protecting babies.

Nebraska is the most likely state to ban abortions next. Governor Jim Pillen wants an abortion ban but the unicameral legislature is right on the cusp of having the two-thirds necessary to overcome a Democrat filibuster.

North Carolina and Virginia are two states that also have a potential to ban abortions. Virginia has a pro-life governor but needs more pro-life legislators to get a bill to Governor Youngkin’s desk as the legislature will be split in 2023. North Carolina has a pro-abortion governor but a pro-life supermajority that can pass an abortion ban over his veto.

Alaska and Montana are also possibilities to ban abortions but both are dealing with state Supreme Court decisions that have misused the privacy clause of their state constitution to declare abortions are legal. If they can change the courts and overcome those decisions, they have a chance to protect babies.

The only other possible state to protect babies is Kansas — though the recent vote on its pro-life amendment may crush its hopes of protecting babies for a few years. It will need to elect a pro-life governor, change its Supreme Court, pass an abortion ban, and get a new decision overturning the ruling misusing the privacy clause to confer an abortion right. That’s a long-term project, and like Alaska and Montana, its akin to having to wait to overturn Roe.

27 State Maximum

If every one of the states in each of these three categories can ban abortions, then 27 total states would protect babies from abortions. It’s virtually impossible to see any of the other states banning abortions any time in the near future because they are run by pro-abortion Democrats.