N. Dakota Defends 'Fetal Heartbeat' Abortion Ban

North Dakota is defending its new abortion law after a federal judge struck it down. The law made abortions illegal from the moment a doctor detects a fetal heartbeat.

U.S. District Court Judge Daniel Hovland said the law is "invalid and unconstitutional" after the state's only abortion clinic sued.

"The United States Supreme Court has spoken and has unequivocally said no state may deprive a woman of the choice to terminate her pregnancy at a point prior to viability," he wrote in his April 16 ruling.

He added that the state "has presented no reliable medical evidence to justify the passage of this troubling law."

But in a letter to the attorney general, lawmakers called the law "a legitimate attempt by a state legislature to discover the boundaries of Roe v. Wade."

"The majority of North Dakotans agree on this question and they deserve to be heard," UPI quoted State Rep. Bette Grande, R-Fargo. "The baby's heartbeat deserves to be heard, too....To stop at a lower court level is to deny justice."

North Dakota State Attorney General Wayne Stenehjem agreed and is now appealing that decision.

"It seems prudent that an appellate court should have an opportunity to consider the issue rather than have one judge overturn the judgment of the Legislative Assembly," Stenehjem said in a statement.