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In what appears to be the first response by a state legislature to last week’s Supreme Court decision upholding the partial-birth abortion ban, North Dakota has passed a bill making abortion illegal if and when the Supreme Court overrules Roe v. Wade. (The N.D. Senate Majority leader claims that the bill was not influenced by the recent decision.) From Jurist:

In the event that the US Supreme Court overturns the 1973 Roe v. Wade decision, the bill would subject anyone performing an abortion to a prison sentence of up to 5 years, a $5,000 fine, or possibly both. An exception would be made in cases of rape, incest, or where the life of the mother was in danger.
North Dakota has become the second state to pass this type of abortion law; Mississippi approved a similar measure last month.

Isn’t this a little like passing a law explicitly making it legal for police to interrogate suspects without allowing them to ask for an attorney, if and when Miranda v. Arizona is overturned by the Supreme Court? Or like a bill reinstituting segregation immediately upon the Supreme Court’s reversal of Brown v. Board of Education?


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