North Dakota Supreme Court Reinstates State’s Abortion Ban

Abortion is once again illegal in North Dakota following a ruling by the state’s Supreme Court on March 15, 2024. The court was unable to reach the required majority to uphold a previous ruling by Judge Bruce Romanick, which had struck down the state’s abortion ban. This reversal means that the ban, which had remained in limbo since last year, is now operational.

A majority of justices expressed concerns regarding the law’s vagueness under the North Dakota constitution. Three justices deemed the ban unconstitutional, while two others disagreed. The state constitution mandates that at least four of the five justices must agree for a law to be declared unconstitutional. The lack of a sufficient majority effectively overturns Judge Romanick’s earlier decision, which had declared the law void.

The implications of this ruling are significant. With the reinstatement of the ban, abortion access in North Dakota is severely restricted. Previously, after Judge Romanick’s ruling, abortions were permitted only under specific circumstances—namely when a woman’s life or health was at risk, and only in a hospital setting. The sole abortion provider in the state relocated to Moorhead, Minnesota, in 2022, further limiting access for North Dakota residents.

Under the newly confirmed law, performing an abortion is classified as a felony. The only exceptions allowed are in cases of rape or incest within the first six weeks of pregnancy—often before many women are even aware they are pregnant—and to prevent the mother’s death or serious health complications.

The law was initially passed by the state legislature in 2023, shortly after the U.S. Supreme Court overturned the constitutional right to abortion, allowing states to impose their regulations. The Red River Women’s Clinic, previously the only abortion clinic in North Dakota, along with several physicians, challenged the state’s ban in court. Following Judge Romanick’s ruling to strike it down, the state appealed, seeking to keep the ban in place during the process. However, both the judge and the Supreme Court denied the state’s requests, which allowed patients facing pregnancy complications to seek necessary care without legal hindrance.

The Center for Reproductive Rights has been vocal about the ruling’s impact, highlighting that the decision creates further barriers for women seeking essential healthcare services in North Dakota. As the legal landscape continues to evolve, the implications of this ruling will likely resonate throughout the state and beyond, affecting not just healthcare access but also the broader conversation surrounding reproductive rights in the United States.