With No Debate, ND House Passes Bill Banning Abortions After A Heartbeat Is Detected


Today the North Dakota House passed HB1456 by a 63 – 28 vote. Despite the no votes, though, there was no floor debate on the bill at all.

Here’s the key excerpt to the law:

Except when a medical emergency exists that prevents compliance with this subsection, an individual may not perform an abortion on a pregnant woman before determining, in accordance with standard medical practice, if the unborn child the pregnant woman is carrying has a detectable heartbeat. Any individual who performs an abortion on a pregnant woman based on the exception in this subsection shall note in the pregnant woman’s medical records that a medical emergency necessitating the abortion existed.

The law would allow for an abortion if the health of the mother is at risk. A doctor violating this law is guilty of a Class C Felony. The law “does not prohibit the sale, use, prescription, or administration of a measure, drug, or chemical designed for contraceptive purposes.”

I think life begins well before the heartbeat, but if this law rolls back the point at which an abortion can be conducted, it’s a step in the right direction.

Rob Port is the editor of SayAnythingBlog.com. In 2011 he was a finalist for the Watch Dog of the Year from the Sam Adams Alliance and winner of the Americans For Prosperity Award for Online Excellence. In 2013 the Washington Post named SAB one of the nation's top state-based political blogs, and named Rob one of the state's best political reporters.

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  • whowon

    Senate AND House now right?

    • http://sayanythingblog.com Rob

      No, Senate hasn’t considered this one yet and won’t until after crossover.

      • Guest

        I thought they did yesterday?

        • http://sayanythingblog.com Rob

          If they did it was a different bill. This was a house bill and cant be considered by the Senate until the House votes.

        • Lianne

          None of the bills in the Senate addressed or limited an abortion to the time prior to the finding the heart beat of the baby. There was no opposition because those who opposed the House bills presented their opposition to all bills about abortion when the first such bill HB1305 was up for a vote. Everyone was told to remember their opposition as each bill came up for a vote.

  • borborygmi

    Reasoning for no debate?

    • http://sayanythingblog.com Rob

      The floor was open. Nobody got up in opposition.

      • Hal414

        They knew most North Dakotans are pro-life.

    • Lianne

      Three members who opposed this and other bills reining in on abortions presented their views during the discussion and vote of HB1305 and said we should remember the words of opposition for each of the other abortion bills. One member compared the booster seat bill to the abortion bill. Opponents of the booster seat bill, I guess, spoke of choice. This member of the House believes that if a mother should have a choice about booster seats, she should have the choice about whether she carries the fetus to term. I would say to her, yes, choice was discussed, but the absolute outcome of abortion is the end of that baby’s life, death for all eternity. The outcome of the booster seat is not. We must look at the outcome of the choice, not if there is a choice in and of itself.

      I guess the new meaning of pro-life has replaced pro-choice. We must be very careful now because pro-life for them is NOT being against abortion. She clearly stated she is pro-life which is different than pro-birth. See how the RINO’s twist words and meanings? Yes, this woman is on the Republican ticket, but is truly a RINO.

  • SaveTheBabiesGovernment

    Class C Felony on the first or second offense?

    • Lianne

      This is a copy from the bill: 2.
      If a physician performs an abortion on a pregnant woman before determining if the

      unborn child the pregnant woman is carrying has a detectable heartbeat, that

      physician is subject to disciplinary action under section 43 – 17 – 31 .

      • SaveTheBabiesGovernment

        Humans are animals too, so I figured like the animal cruelty bill, doctors could perform an illegal abortion once before it was considered a felony.

        • http://sayanythingblog.com Rob

          No, humans are not animals.

        • two_amber_lamps

          OK, you convinced me…. YOU are an animal.

  • ec99

    It’s pretty clear the ND legislature is attempting to outlaw abortion despite Roe v. Wade. All of these bills will be declared illegal in the courts. Kiss a lot of state money bye-bye in legal bills.

    • Lianne

      Of of the members of the House mentioned the fact that there were 3 parts of Roe v Wade of which Rights of States were 2 of those three parts and are always buried. Time will tell how this all turns out.

    • http://sayanythingblog.com Rob

      I wouldn’t be so certain that they’re all illegal under Roe.

      • Tim Heise

        We shall see. Its call creative lawyering. Find a fact tthat can strech the law in your favor. I would have like debate but I am for this bill.

    • two_amber_lamps

      Apparently with all the tax dollars on oil being generated and the fact the ND voters weren’t intelligent enough to free themselves from property tax, the state should have more than enough $$$ to defend it’s law.

  • Opinion8ed

    After the detectable heartbeat would be murder right

    • SaveTheBabiesGovernment

      And spontaneous abortion should trigger an automatic investigation of the mother and the doctor and put one or both on trial for at least manslaughter.

  • SaveTheBabiesGovernment

    Was there discussion about how this would be enforced, specifically investigations after a spontaneous abortion (miscarriage), plus manslaughter trials for both the mother and the doctor in the event of a spontaneous abortion (miscarriage)?