North Dakota court upholds near-total abortion ban

In a landmark decision, North Dakota’s state Supreme Court has upheld a stringent law that criminalizes abortion, classifying it as a felony offense. This ruling overturns a previous lower court decision that had temporarily halted the implementation of the law. The court’s decision, issued on Friday, saw three out of five justices deem the law invalid, but it required the support of four justices to nullify it entirely. Consequently, the law remains in effect, imposing severe penalties, including up to five years in prison and a $10,000 fine for violators. This development aligns North Dakota with 12 other states that have enacted total abortion bans following the US Supreme Court’s 2022 decision to overturn the federal right to abortion, thereby delegating regulatory authority to individual states. The law was challenged by an abortion clinic in the state, which argued against its enforcement during ongoing legal proceedings. While the law includes exceptions for cases where the mother’s life is at risk, it restricts abortions for rape and incest victims to the first six weeks of pregnancy—a timeframe critics argue is often before many women realize they are pregnant. The court’s ruling emphasized that the state constitution does not guarantee a right to abortion and that the law provides sufficient notice to those seeking to comply. North Dakota Republican Attorney Drew Wrigley lauded the decision, stating that the high court has upheld crucial pro-life legislation enacted by the state’s legislature. The Red River Women’s Clinic, North Dakota’s last abortion provider before relocating to Minnesota in 2022, has yet to respond to the ruling. This decision underscores the ongoing and deeply polarized national debate over abortion rights in the United States.