National Partnership for Women & Families

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MKB Management, Corp. v. Burdick

MKB Management, Corp. v. Burdick

Federal court challenge to two North Dakota abortion ban laws, HB 1456 and HB 1305. HB 1456 bans abortion after the fetal heartbeat can be detected with a vaginal ultrasound, which can happen as early as six weeks of pregnancy, two weeks after a woman’s first missed period. The only exceptions are for preventing the death or substantial and irreversible impairment of a major bodily function of the woman. HB 1305 bans abortions for reasons of sex-selection and for “genetic abnormality.” In June 2013, the ACLU and the Center for Reproductive Rights filed a complaint in the United States District Court for the District of North Dakota challenging both laws. Plaintiffs later dropped the challenge to HB 1305. In July 2013, the District Court granted Plaintiff’s motion for preliminary injunction of HB 1456. In April 2014, the U.S. District Court granted Plaintiff’s motion for summary judgment and permanently enjoined HB 1456 from enforcement. In July 2015, the 8th Circuit Court of Appeals affirmed the lower court’s decision. The state of North Dakota filed a petition for certiorari with the U.S. Supreme Court. Final Outcome: In January 2016, the Supreme Court declined to review the case, and the 8th Circuit’s decision stands. (See HB 1456 here. See HB 1305 here. See the complaint here. See the preliminary injunction here. See the permanent injunction here. See the 8th Circuit decision here. Learn more about the case here.)