
North Dakota’s near-total abortion ban remains suspended as the state Supreme Court upholds the block on enforcement amid ongoing legal challenges.
At a Glance
- North Dakota Supreme Court denied efforts to reinstate a near-total abortion ban
- Abortion remains legal in North Dakota while the appeal process continues
- The 2023 law banned most abortions, with limited exceptions
- Pro-choice advocates see the decision as a victory
- Attorney General vows to continue litigation to prove the law’s constitutionality
Supreme Court Upholds Suspension of Abortion Ban
The North Dakota Supreme Court has rejected the state’s attempt to reinstate a near-total ban on abortions, maintaining the suspension of the controversial law while legal challenges persist. This decision ensures that abortion remains legal in North Dakota for the duration of the appeal process, marking a significant development in the ongoing debate over reproductive rights in the state.
The law in question, enacted in 2023, sought to prohibit almost all abortions in North Dakota. Exceptions were narrowly defined, limited to cases where the mother’s life or health was at risk, or in instances of rape or incest. However, the implementation of this stringent measure has been halted by legal challenges, with the state Supreme Court now affirming the lower court’s decision to block its enforcement.
Legal Challenges and Constitutional Questions
The case against the abortion ban was brought forward by a coalition of pro-choice organizations and medical professionals. The Center for Reproductive Rights, Weil, Gotshal & Manges, LLP, and Gender Justice filed the lawsuit on behalf of the Red River Women’s Clinic and several doctors, challenging the constitutionality of the law.
“Today’s decision to keep the abortion ban blocked was the only logical outcome. Across the country, people are dying without access to abortion, and still the State sought to stop pregnant North Dakotans facing dangerous situations from getting the care they need. It’s shameful. We will not stop fighting until this ban is struck down once and for all,” Meetra Mehdizadeh said.
In September, District Judge Bruce Romanick initially blocked the new law, deeming it “unconstitutionally void for vagueness.” The state subsequently appealed this decision to the North Dakota Supreme Court, which has now declined to lift the injunction, allowing the lower court’s ruling to stand while the appeal process unfolds.
State’s Response and Future Litigation
Despite this setback, North Dakota Attorney General Drew Wrigley has expressed the state’s intention to continue litigating the matter. Wrigley aims to prove the law’s constitutionality through the ongoing legal process, signaling that the debate over abortion rights in North Dakota is far from over.
While abortion technically remains legal in North Dakota up to the point of fetal viability, practical access to abortion services within the state has become limited. The Red River Women’s Clinic, which was the plaintiff in this case and previously the state’s sole abortion provider, has relocated its operations to neighboring Minnesota.
This situation reflects a broader trend across the United States, where thirteen states currently enforce bans on most abortions. However, efforts to counteract these restrictions are ongoing, including initiatives to distribute abortion pills across state lines and establish abortion facilities near state borders where the procedure remains legal.
— Live Action News (@LiveActionNews) October 15, 2024
As the legal battle continues in North Dakota, the state’s abortion law remains in limbo, highlighting the complex and contentious nature of reproductive rights legislation in the post-Roe v. Wade era. The outcome of this case could have significant implications not only for North Dakota but potentially for other states grappling with similar legal challenges to abortion restrictions.