A bill that would give full constitutional rights to an unborn human fetus will be addressed by the Senate Judiciary Committee next month in light of potential court action that could follow if it passes, Senate Majority Leader Bob Stenehjem said Wednesday.
"I think that bill has some legal ramifications to it that we need to be aware of," said Stenehjem, R-Bismarck. "That's why I sent it into our judiciary committee, because that's where our attorneys are."
House lawmakers on the Human Services Committee heard testimony on the bill earlier this month, which passed their chamber 51-41 last week.
Stenehjem said some of the questions that need to be answered are the potential costs of the bill that could set the state up for a showdown with the U.S. Supreme Court.
"I'd be concerned if we ended up in a position where the state of North Dakota is taking on Roe v. Wade," Stenehjem said. "How much is that going to cost?"
Sen. Thomas Fiebiger, D-Fargo, an attorney who sits on the Senate Judiciary Committee, said the legislation is a "powder-keg of a bill" that could ignite various legal challenges on anything from estate planning to birth control if it passes.
"It just raises a host of issues, and that's what concerns me," Fiebiger said. "I respect the right to differ on ideas, but I don't think it's good legislation, and part of our job is to look at the big picture."
Sen. David Nething, R-Jamestown, chairman of the judiciary committee, said he has not settled on a date when the Senate panel will take up the legislation.
Rep. Dan Ruby, R-Minot, who introduced HB1572, said the debate should be focused on states' rights, not the effects it could have on birth control.
"It basically comes down to two simple points: defining when life begins and the challenge to Roe v. Wade coming from a states' rights standpoint," said Ruby, who has been giving interviews to various national media outlets since the bill passed last week.
Ruby said that the decision to allow or ban abortion should be up to states and not the federal government.
(Reach reporter Brian Duggan at 223-8482 or brian.duggan@;bismarcktribune.com.)
Posted in Local on Wednesday, February 25, 2009 6:00 pm Updated: 12:17 pm.
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