Abortions to Resume in North Dakota after Court Finds Near-Total Ban Unconstitutional

Good news for women in North Dakota: abortions are now legal again. The state Supreme Court ruled that the near-total abortion ban was too vague to be constitutional. This decision is the outcome of a lawsuit filed by physicians who wanted the court to nullify the ban, and a judge from the North Dakota South Central Judicial District granted this request on Thursday.

Right now, at least 21 states in the U.S. have various bans or restrictions on abortion care. Among these, 13 states have stopped almost all abortion services, and four states don’t allow abortions after six weeks of pregnancy. That’s well before most women even know they’re pregnant.

The Plaintiffs’ Argument

The doctors who challenged the ban argued that it was just too vague, making it unclear when abortions were allowed under medical exceptions. This argument was supported by the Center for Reproductive Rights, which filed the lawsuit. If found guilty of violating the ban, physicians could face severe penalties—a class C felony with up to five years in prison, a $10,000 fine, or both.

The court concluded that pregnant women have a fundamental right to choose an abortion before the fetus is viable, according to the state’s constitution.

The Judge’s Statement

Judge Bruce Romanick, in his written opinion, emphasized that the North Dakota Constitution ensures each person, including women, the basic right to make medical decisions about their health and body without government interference. This should be done in consultation with their chosen healthcare provider.

“The North Dakota Constitution guarantees each individual, including women, the fundamental right to make medical judgments affecting his or her bodily integrity, health, and autonomy, in consultation with a chosen health care provider free from government interference,” Judge Bruce Romanick wrote in the opinion.