North Dakota’s strict abortion law remains on hold as the state Supreme Court continues to deliberate on its constitutionality.
At a Glance
- North Dakota Supreme Court denied the state’s effort to reinstate a near-total abortion ban
- Abortion remains legal in North Dakota while the appeal process continues
- The 2023 law banned nearly all abortions, with limited exceptions
- The decision is seen as a victory for pro-choice advocates
- Attorney General Drew Wrigley vows to continue litigation to prove the law’s constitutionality
Supreme Court Blocks Reinstatement of Abortion Ban
The North Dakota Supreme Court has dealt a blow to the state’s efforts to enforce a near-total abortion ban. The court denied an attempt to reinstate the strict law, which would have prohibited most abortions throughout pregnancy. This decision ensures that abortion will remain legal in North Dakota while the appeals process continues, maintaining the status quo established by previous court rulings.
The 2023 law at the center of the controversy was designed to ban nearly all abortions, allowing exceptions only for life- or health-preserving care and in limited cases of rape or incest. This legislation was intended to replace a previous trigger law that was blocked by the state Supreme Court following the overturning of Roe v. Wade at the federal level.
Legal Challenges and Temporary Injunction
The case against the ban was brought by a coalition of reproductive rights organizations, including the Center for Reproductive Rights and Gender Justice, on behalf of the Red River Women’s Clinic and several doctors. In September, District Judge Bruce Romanick blocked the new law, citing it as “unconstitutionally void for vagueness.” The North Dakota Supreme Court’s recent decision upholds this temporary injunction, preventing the law from being enforced while its constitutionality is under review.
Despite the court’s decision, the state’s Attorney General, Drew Wrigley, has stated that the legal battle is far from over. The state will continue to litigate the matter, aiming to prove the law’s constitutionality in future proceedings.
Current State of Abortion Access in North Dakota
While abortion remains technically legal in North Dakota up to fetal viability, the practical reality is more complex. There are no standalone abortion centers operating within the state. The Red River Women’s Clinic, which was the plaintiff in the case, has relocated its operations to neighboring Minnesota.
The situation in North Dakota reflects a broader national trend following the Supreme Court’s decision to overturn Roe v. Wade. Thirteen states currently enforce bans on most abortions, while pro-choice advocates are working to counteract these restrictions through various means, including interstate distribution of abortion pills and establishing abortion facilities near state borders.
— Live Action News (@LiveActionNews) October 15, 2024