North Dakota Court Overturns Abortion Ban, Restoring Reproductive Rights

A North Dakota judge overturned the state's near-total abortion ban, legalizing it for the first time in over a year. The decision sided with abortion providers, asserting that the state constitution protects women's rights. The ban was originally implemented in April 2023 but faced legal challenges.

A North Dakota state court judge on Thursday struck down the state's near-total abortion ban, paving the way for legal abortions for the first time in over a year. Judge Bruce Romanick in Bismarck ruled that the state's constitution upholds women's right to an abortion before fetal viability, siding with challenging abortion providers.

"This is a victory for reproductive freedom, significantly enhancing safety for pregnant women in North Dakota," remarked Meetra Mehdizadeh, a lawyer with the Center for Reproductive Rights. North Dakota Attorney General Drew Wrigley has not commented on the ruling.

Governor Doug Burgum, a Republican, signed the stringent law in April 2023. The law criminalized doctors performing abortions, allowing exceptions only under limited circumstances. Providers argued the exceptions were ambiguous and insufficient.

The ban also allowed exceptions for rape and incest but only within the first six weeks of pregnancy, often before women know they are pregnant. Originally, providers filed a lawsuit in 2022 against a stricter ban, which was blocked by Romanick and upheld by the state's Supreme Court. In response, the legislature passed the new ban.

Romanick emphasized that the state constitution protects individuals' fundamental rights to make medical decisions about their bodily integrity, health, and autonomy. The state's only abortion clinic had relocated to Minnesota following the U.S. Supreme Court's 2022 ruling.

North Dakota is among over 20 Republican-led states that have restricted or banned abortion post the 2022 Supreme Court decision. Many of these laws have faced legal challenges or have been overturned by ballot measures. At least nine states will vote on ballot measures concerning abortion rights in the upcoming Nov. 5 election, as abortion remains a pivotal issue in the presidential race.

(With inputs from agencies.)