I pointed out that this is a claim not even legal experts tapped by NDAM1 to make their case believe. A “white paper” released by North Dakotans Against Measure 1 in September and currently posted on their website (backup here in case they take it down) says otherwise.
I quote: “…Measure 1 cannot nullify the landmark abortion cases Roe v. Wade and Planned Parenthood v. Casey.”
Today the pro-Measure 1 side – North Dakota Choose Life – has issued a “cease and desist” letter to the state’s broadcasters asking them to pull the ad.
You can read the full letter below. An excerpt:
Unlike candidates for federal office, you are under no obligation to accept advertising from NDAM1. See CBS v DNC, 412 U.S. 94, 113 (1973). However, after having accepted their advertising you were not required to accept, you have a duty “to protect the public from false, misleading or deceptive advertising” which the ad “Becky” unquestionably is.
The NDAM1 group may have painted themselves into the corner. It will be tough for them to explain why their much-touted legal analysis of Measure 1 was wrong.
But then, you have to wonder how many voters are really paying attention to this sort of minutiae this late in the game. Are most voters going to read the analysis of why NDAM1 is being misleading in their ad, or are more of them just going to see the ad?
The damage may already be done.
Update 2:23pm: According to Measure 1 supporters, Kathy Lau has said they are pulling the ad.
“We have checked into this matter and effective immediately we are no longer running this commercial spot,” Lau said in an email provided to me by ND Choose Life.