Ken Sims, Moorhead, Published July 31 2013
Letter: ND Legislature earns praise for anti-abortion legislationJanet Benshoof, founder of the New York-based Center for Reproductive Rights, recently said North Dakota is fighting a “useless battle” in defending its new abortion laws and that there is little chance the issue will be decided by the U.S. Supreme Court. The state passed a law that would outlaw an abortion as early as six weeks into pregnancy.
U.S. District Judge Daniel Hovland ruled the law “is clearly an invalid and unconstitutional law.” Hovland said the new law is “a blatant violation of the constitutional guarantees afforded to all women.” He said his decision is based on the 1973 Roe v. Wade decision by the U.S. Supreme Court that gave women the right to have an abortion.
What if the 1973 Supreme Court’s decision was wrong? The court is not perfect or infallible. Our history includes court decisions that were later reversed or repealed. In Roe v. Wade, the court ruled that a woman has a right to privacy under the due process clause of the 14th Amendment and since she has a right to privacy, she has a right to have an abortion. However, the 14th Amendment also declares that governments cannot deprive any person of “life, liberty, or property” without due process of law. In this regard, the U.S. Constitution guarantees the protection of life.
Mark Levin, a constitutional lawyer, writes that inhumanity is not a product of the U.S. Constitution. Abortion is inhumanity because it destroys a human life. This is a fact. The protection of life must take precedence over an implied right to privacy.
The North Dakota law is a valid attempt to reconsider the constitutionality of Roe v. Wade. They may agree that a heartbeat is the beginning of a human life and therefore should be protected under the U.S. Constitution. This is by far no “useless battle,”
I commend the North Dakota Legislature for having the wisdom and courage to protect life the moment a heartbeat is detected. These aren’t laws against women or their rights. On the contrary, they are laws that respect women and the precious life they carry.