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N.D. governor faces choice on abortion restrictions

North Dakota has all but enacted what would be two of the most restrictive abortion laws in the country.

Now the state’s governor faces a choice. He can join with his fellow Republicans and approve measures that are likely to lead to a costly legal battle that opponents say will end in utter failure. Or he could veto bills that have enough support to pass without him, a move that would draw the ire of social conservatives in a state that is historically socially conservative. Even those in North Dakota who normally balk at government spending don’t seem concerned about spending money on a fight over the U.S. Supreme Court’s 1973 Roe v. Wade decision that legalized abortion.

“We have a lot of important things to spend money on,” said state Sen. Dwight Cook, a Republican who chairs the Senate Finance and Taxation Committee and calls himself a fiscal conservative. “But I didn’t give any consideration to the cost (of abortion litigation).”

Lawmakers on Friday sent Gov. Jack Dalrymple two anti-abortion bills, one banning the procedure as early as six weeks into a pregnancy and
another prohibiting women from having the procedure based on the fetus’s gender or because it has a genetic defect, such as Down syndrome.
Abortion-rights activists have vowed to fight the measures in court. The battle is likely to be closely watched by abortion foes and supporters of legal abortion across the United States.

Dalrymple hasn’t offered any hints as to where he stands on the abortion bills. But whether or not he thinks it’s wise for the state to spend its money on such a fight may not matter: The measures have enough support for the Legislature to override him.

“I think plenty of people in the party would love to push this to the Supreme Court and they would love to be the state that overturns Roe v. Wade,” said Mark Jendrysik, a University of North Dakota political science professor who expects Dalrymple to sign the abortion measures into law.

The Republican-led Legislature “is clearly willing to
pass bills that are going to tie up the state in expensive
litigation,” Jendrysik said. “It’s been a main plank of the party in North Dakota to be as strong pro-life as possible. The
ideological position is very strong and worth the money to them.”

Lt. Gov. Drew Wrigley said yesterday that he and the governor were reviewing several measures over the weekend and would meet tomorrow to discuss the abortion bills, among others. He would not comment on whether the governor would sign or veto the abortion measures.

“We take the same methodical approach on abortion bills as we do on bills for roads, water or schools,” Wrigley said.

Cook, who has served in the Legislature for 17 years, said he expects Dalrymple to sign the legislation.

“He’s as pro-life as I am, and to what degree he looks at cost, I don’t know,” Cook said. “If I had to bet, I’d bet he signs them.”

North Dakota is one of several states with Republican-controlled Legislatures and GOP governors that is looking at abortion restrictions.
Arkansas passed a 12-week ban this month that prohibits most abortions when a
fetal heartbeat can be detected using an abdominal ultrasound.

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