N.D. Judge Vows To Act Quickly On Challenge To State Ultrasound Law

North Dakota Judge Douglas Herman failed to issue a temporary injunction on Thursday to prevent a state law from going into effect that requires abortion clinics to offer women the chance to view ultrasound images 24 hours prior to obtaining an abortion, the AP/Bismarck Tribune reports. Judge Herman promised to issue an opinion "as soon as possible" on the constitutional challenge to the state law, which is set to take effect on Aug. 1. The Center for Reproductive Rights filed the challenge, arguing that it creates an unnecessary burden on a woman"s right to an abortion.The group also said that a provision in the law is confusing and that the state"s only abortion provider is unsure how to comply. According to the AP/Tribune, the provision in question reads: "The auscultation of the fetal heart tone must be of a quality consistent with standard medical practice in the community." Suzanne Stolz, an attorney for CRR, said the bill"s language could require the Red River Women"s Clinic -- the only abortion clinic in the state -- to offer women the chance to hear audio of the fetal heartbeat in addition to the ultrasound image. She added that the clinic "cannot afford to guess what the law means and hope that it is right."Assistant Attorney General Douglas Bahr said that the law requires the clinic only to offer the option of an ultrasound, not provide one. He added that most people understand that an ultrasound includes both images and audio and that he does not "know why the clinic doesn"t feel it can offer this to the patient." Cass County state"s attorney Birch Burdick, a co-counsel with Bahr, said that although some of the language in the law is "a little confusing," he would not prosecute clinic officials if they make an attempt to apply the law until the judge rules.Tammi Kromenaker, the director of the clinic, said, "We"re disappointed that we did not get an injunction today but we felt that some of our questions were answered," adding that the clinics had offered women the option of viewing an ultrasound for the last 18 months (Kolpack, AP/Bismarck Tribune, 7/31).