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  • Title: Appeals court upholds North Dakota law based on lenient interpretation.
    Journal: Reprod Freedom News; 1994 Feb 25; 3(4):2. PubMed ID: 12345513.
    Abstract:
    On February 10, 1994, the US Court of Appeals upheld a lower court ruling that a 1991 North Dakota law does not constitute an "undue burden" on women seeking abortions. According to the law in question, women must wait 24 hours before receiving an abortion and must be given mandatory information in a counseling session. The appeals court based its decision on a reading of the law which would allow the women to receive the mandatory information over the telephone. As it gave its decision, the court acknowledged that if the law were interpreted to mean that the women would have to make 2 trips to the state's only abortion clinic, then the measure's constitutionality would require another review. As a result of the court's ruling, North Dakota became the fifth state to require the delay and mandatory preabortion information. If these requirements prove to be a "substantial obstacle" to abortion-seekers, then a new lawsuit may be filed. The original lawsuit was filed by the Fargo Women's Health Organization.
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