Abortion has become illegal once again in North Dakota following a ruling by the state’s Supreme Court. The court failed to achieve the required majority needed to uphold a lower court’s decision that had previously struck down the abortion ban enacted by the state legislature. This decision effectively reinstates the ban, classifying the performance of an abortion as a felony, though patients are protected from prosecution.
The court’s ruling came after a split decision among the five justices. Three justices determined that the ban was unconstitutionally vague under the state constitution, while two justices found the law to be constitutional. In North Dakota, at least four out of five justices must agree for a law to be declared unconstitutional, a requirement that ultimately prevented the lower court’s ruling from being upheld.
Drew Wrigley, North Dakota’s Republican Attorney General, expressed his support for the ruling, stating, “The Supreme Court has upheld this important pro-life legislation, enacted by the people’s Legislature.” He added that his office has a duty to defend the laws of North Dakota, which have now been confirmed by this decision.
Republican state Senator Janne Myrdal, who introduced the legislation that led to the ban, also welcomed the ruling. She remarked, “I am thrilled and grateful that two justices that are highly respected saw the truth of the matter, that this is fully constitutional for the mother and for the unborn child.”
Implications of the Ruling
The Supreme Court’s ruling means that access to abortion services in North Dakota is now strictly limited. Previously, under a judge’s ruling, abortions could only be performed under specific circumstances, such as to protect the life or health of the mother, and only within a hospital setting. The only abortion provider in the state relocated in 2022 from Fargo to Moorhead, Minnesota, further complicating access for residents.
Justice Daniel Crothers was one of the three justices who voted against the ban. He argued that the district court’s decision was valid, noting that the vagueness of the law pertained specifically to when an abortion could be performed to safeguard the mother’s health. Crothers emphasized that removing this ambiguous provision rendered the remaining parts of the law inoperable.
Under the newly reinstated ban, abortions are prohibited unless they are performed due to rape or incest within the first six weeks of pregnancy, a timeframe that often does not allow many women to realize they are pregnant. Exceptions are also made when a mother’s life is at risk or if a “serious health risk” is present.
North Dakota now joins twelve other states that enforce strict bans on abortion at all stages of pregnancy, with an additional four states imposing prohibitions at or around six weeks gestation. The ban follows a broader trend in U.S. states in the wake of the U.S. Supreme Court’s decision to overturn Roe v. Wade in June 2022, which allowed states to impose their own regulations on abortion.
The Red River Women’s Clinic, which was the only abortion clinic in North Dakota, along with several physicians, filed a legal challenge against the ban. The state had appealed the earlier ruling that invalidated the ban, and both the judge and the Supreme Court denied requests to maintain the ban during the appeal process. This meant that patients with complications during pregnancy could seek necessary care without the fear of legal repercussions, as highlighted by Meetra Mehdizadeh, Staff Attorney at the Center for Reproductive Rights.
As the legal landscape surrounding abortion continues to evolve in the United States, the implications of this ruling will likely resonate far beyond North Dakota, affecting ongoing debates and legislative actions in states across the country.
