The North Dakota Legislative Assembly passed a bill Monday prohibiting abortion in the state if the US Supreme Court ever declares that such a move would be constitutional. The measure, which Governor John Hoeven is expected to sign, passed the state House 68-24 and the Senate 29-16. In the event that the US Supreme Court overturns the 1973 Roe v. Wade decision, the bill would subject anyone performing an abortion to a prison sentence of up to 5 years, a $5,000 fine, or possibly both. An exception would be made in cases of rape, incest, or where the life of the mother was in danger.

North Dakota has become the second state to pass this type of abortion law; Mississippi approved a similar measure last month. Senate Majority Leader Bob Stenehjem denied that the North Dakota bill was influenced by last week's Supreme Court decision upholding a federal 'partial birth' abortion ban.