Court agrees with tossing strict North Dakota abortion law
Daily Legal News
A federal appeals court agreed Wednesday that one of the nation's most restrictive abortion laws is unconstitutional — a North Dakota statute banning abortions when a fetal heartbeat is detected as early as six weeks into a pregnancy.
The 8th U.S. Circuit Court of Appeals agreed with a decision last year from U.S. District Judge Daniel Hovland, who ruled the law unconstitutional. The law was approved by the Republican-dominated Legislature in 2013, though it was quickly put on hold after the state's lone abortion clinic filed a la
Several conservative states have passed restrictive abortion laws in recent years, but abortion rights supporters say North Dakota's 2013 fetal heartbeat law was the strictest in the country.
Supporters said the law was meant to challenge the U.S. Supreme Court's 1973 ruling that legalized abortion until a fetus is considered viable, usually at 22 to 24 weeks. It wasn't immediately clear whether the state would appeal the case, though lawmakers have set aside $800,000 to defend the state's abortion laws.
"Because there is no genuine dispute that (North Dakota's law) generally prohibits abortions before viability — as the Supreme Court has defined that concept — and because we are bound by Supreme Court precedent holding that states may not prohibit pre-viability abortions, we must affirm the district court's grant of summary judgment to the plaintiffs," the appeals court ruling said.
Related listings
-
Court Halts Execution Of Tyler Woman's Killer
Daily Legal News 07/23/2015The Texas Court of Criminal of Appeals halted the scheduled lethal injection of Clifton Lamar Williams until questions about some incorrect testimony at his 2006 trial can be resolved. Williams, 31, had faced execution Thursday evening for the k...
-
Texas turns away from criminal truancy courts for students
Daily Legal News 06/21/2015A long-standing Texas law that has sent about 100,000 students a year to criminal court — and some to jail — for missing school is off the books, though a Justice Department investigation into one county's truancy courts continues.Gov. Greg Abbott ha...
-
Man pleads guilty to charge over noose on Ole Miss statue
Daily Legal News 06/21/2015A federal prosecutor said in court Thursday that Graeme Phillip Harris hatched a plan, after a night of drinking at a University of Mississippi fraternity house, to hang a noose on a campus statue of James Meredith, the first black student at Ole Mis...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.