North Dakota Abortion Ban Struck Down

North Dakota Judge Strikes Down State’s Abortion Ban

A recent ruling by a North Dakota judge has struck down the state’s near-total ban on abortions, deeming it unconstitutional and infringing on women’s medical freedom. According to the ruling, the law is unconstitutionally vague and fails to provide clear guidance for physicians on when and how to perform abortions.

Judge’s Ruling

In his ruling, District Judge Bruce Romanick stated that the North Dakota Constitution guarantees each individual, including women, the fundamental right to make medical judgments affecting their bodily integrity, health, and autonomy, free from government interference. He further ruled that pregnant women in North Dakota have a fundamental right to choose abortion before viability exists.

Impact on Abortion in North Dakota

The ruling is expected to take effect in the coming weeks, making abortion legal in the state. However, there are currently no freestanding abortion clinics left in North Dakota. The Red River Women’s Clinic, one of the plaintiffs in the lawsuit, was the last such clinic in the state but moved to Minnesota in 2022 following the Supreme Court’s Dobbs decision that overturned Roe v. Wade.

Appeal by Attorney General

North Dakota Attorney General Drew Wrigley (R) has announced that he will appeal the ruling. Wrigley stated that the judge’s opinion inappropriately casts aside the law crafted by the legislative branch of government and ignores applicable and controlling case law previously announced by the North Dakota Supreme Court.

Constitutional Vagueness

Romanick also ruled that the law is unconstitutionally vague because the medical exceptions defined in the statute are unclear and violate the due process of physicians. According to the judge, a physician can exercise “reasonable medical standard” for a medical exception but would still be at risk of going to jail if another doctor disagrees. The judge wrote that, as written, the law can have a profound chilling effect on the willingness of physicians to perform abortions.

Prior Ruling

Romanick had previously ruled against the state’s abortion ban last year, stating that the constitution includes the right to obtain an abortion “to preserve the woman’s life or health.” As a result, North Dakota lawmakers revised the law to ban abortion in all cases except incest or “gross sexual imposition” if the woman has been pregnant for less than six weeks, or to prevent death or a serious health risk.

Access to Abortion Care

Meetra Mehdizadeh, staff attorney at the Center for Reproductive Rights, praised the ruling while acknowledging its limits. She noted that, despite the ruling, there are currently no abortion clinics left in North Dakota, and the ban forced them to close their doors and relocate across state lines. However, she also emphasized that the ruling provides clarity for medical providers on how to treat pregnant patients with potentially severe complications.

Conclusion

The recent ruling by a North Dakota judge has struck down the state’s near-total ban on abortions, highlighting the importance of ensuring women’s access to reproductive healthcare. While there are still challenges to be addressed, including the lack of freestanding abortion clinics in the state, the ruling is a crucial step towards protecting women’s constitutional rights and promoting their overall health and well-being.

FAQs

Q: What was the ruling in the North Dakota abortion ban case?
A: The North Dakota judge struck down the state’s near-total ban on abortions, ruling that the law is unconstitutionally vague and infringes on women’s medical freedom.

Q: Why did the judge rule the law is unconstitutionally vague?
A: The judge ruled that the law is unconstitutionally vague because the medical exceptions defined in the statute are unclear and violate the due process of physicians.

Q: What is the current state of access to abortion care in North Dakota?
A: There are currently no freestanding abortion clinics left in North Dakota, and the ban forced them to close their doors and relocate across state lines.

Q: Will the state appeal the ruling?
A: Yes, North Dakota Attorney General Drew Wrigley (R) has announced that he will appeal the ruling.

Q: What is the next step in the case?
A: The ruling is expected to take effect in the coming weeks, making abortion legal in the state. However, the appeal process may still be ongoing.