MKB Management Corp. v. Burdick
16 F. Supp. 3d 1059
D.N.D.2014Background
- Red River Women’s Clinic is the sole abortion provider in North Dakota and Dr. Eggleston is the Clinic’s medical director.
- HB 1456 makes it a crime to perform an abortion after a heartbeat is detected, effectively banning pre-viability abortions at roughly six weeks, with limited exceptions.
- A preliminary injunction previously blocked HB 1456’s implementation; parties conducted limited discovery and depositions.
- North Dakota law currently prohibits abortions after viability unless certain life/health exceptions apply, with viability defined around 24 weeks.
- Plaintiffs move for summary judgment arguing HB 1456 is unconstitutional under Roe v. Wade and Casey; Defendants dispute viability standards and defend state interests.
- The court grants summary judgment, holding HB 1456 violates Supreme Court precedent and enjoins its implementation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether HB 1456 banning pre-viability abortions is constitutional | Eggleston argues the ban violates Roe/Casey | Defendants argue the law serves state interests in fetal life and medical safety | HB 1456 unconstitutional; undue burden before viability |
| Definition of viability and timing for abortion restrictions | Viability is at ~24 weeks, not at six weeks | Viability could be construed as at conception by Defendants | Viability remains Roe/Casey standard; not at conception |
| Whether HB 1456 imposes an undue burden on a woman's right to choose | Law would severely restrict access, constraining most abortions | Regulations may inform and do not unduly burden the right | HB 1456 imposes an undue burden before viability; unconstitutional |
| Role of medical evidence in defining viability | Medical authorities support viability at around 24 weeks | Defendants argue viability can be earlier | Medical consensus governs viability; six-week ban invalid |
Key Cases Cited
- Roe v. Wade, 410 U.S. 113 (U.S. 1973) (right to abortion before viability; viability as limiting factor)
- Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (U.S. 1992) (undue burden standard; no prohibition before viability)
- Gonzales v. Carhart, 550 U.S. 124 (U.S. 2007) (fetal life interests vs. abortion rights; permissible regulations)
- Colautti v. Franklin, 439 U.S. 379 (U.S. 1979) (viability determination must be physician judgment; no fixed point)
- Okpalobi v. Foster, 190 F.3d 337 (5th Cir. 1999) (courts scrutinize abortion regulations as potential undue burdens)