142128P.pdf   07/22/2015  MKB Management Corp.  v.  Wayne Stenehjem
   U.S. Court of Appeals Case No:  14-2128
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Shepherd, Author, with Smith and Benton, Circuit Judges] 
   Civil case - Abortion law. North Dakota statute banning abortion when the 
   unborn child possesses a detectable heartbeat is unconstitutional; there 
   is no genuine dispute that H.B. 1456 generally prohibits abortions before 
   viability - as the Supreme Court has defined that concept - and because 
   this court is bound by Supreme Court precedents holding that states may 
   not prohibit pre-viability abortions, the district court's grant of 
   summary judgment is affirmed. The court notes, however, in Section III of 
   its opinion that "the continued application of the Supreme Court's 
   viability standard discounts the legislative branch's recognized interest 
   in protecting unborn children," and that "good reasons exist for the 
   [Supreme} Court to reevaluate its jurisprudence."