On Friday, the North Dakota Supreme Court upheld a near-total abortion ban, reversing a lower court’s decision and making abortion illegal in the state except under limited circumstances. The ruling means that performing an abortion is now a felony crime, with penalties including up to five years in prison and a $10,000 fine for providers.
The court’s decision came after a split vote, with three justices deeming the ban unconstitutionally vague under the state constitution, while two upheld it. However, the state constitution requires a supermajority of four justices to invalidate a law, which was not achieved, allowing the ban to stand. This procedural requirement played a key role in the outcome, as the court could not muster the necessary votes to strike down the legislation.
The law, enacted by the state Legislature in 2023, prohibits nearly all abortions, with exceptions only for cases where the mother’s life is at risk or in instances of rape or incest within the first six weeks of pregnancy. Critics argue that the six-week limit is impractical, as many women are unaware of their pregnancy at that stage, potentially leaving victims of sexual assault with limited options.
The legal challenge was initiated by the Red River Women’s Clinic, formerly the sole abortion provider in North Dakota, which relocated to Minnesota in 2022, along with several physicians. They contended that the law was vague, particularly regarding health exceptions, leading a lower court to strike it down last year. The state’s appeal brought the case to the Supreme Court, culminating in this definitive ruling.
North Dakota’s Republican Attorney General Drew Wrigley welcomed the ruling, stating that the court “has upheld this important pro-life legislation, enacted by the people’s Legislature.” Supporters, including state Senator Janne Myrdal, expressed satisfaction, emphasizing the protection of unborn children and aligning with broader anti-abortion efforts in the state.
With this decision, North Dakota joins 12 other states that have implemented total abortion bans, reflecting a national trend since the U.S. Supreme Court overturned Roe v. Wade in 2022. This shift has moved the abortion debate to state courts and legislatures, with varying outcomes across the country, highlighting the polarized nature of reproductive rights in America.
The ruling immediately restricts abortion access in North Dakota, raising concerns among reproductive rights advocates about women’s health and medical autonomy. They warn that the ban could lead to unsafe practices and limited care for those with pregnancy complications, potentially exacerbating health disparities and forcing residents to seek services elsewhere.
Moving forward, the ruling cements North Dakota’s strict abortion laws, but legal and legislative battles are likely to continue. The case may influence similar disputes in other states, keeping reproductive rights a central issue in American politics and underscoring the ongoing conflict between state autonomy and individual freedoms.
