State Abortion Ban in North Dakota Overturned by Judge

A state district judge in North Dakota struck down the state’s abortion ban, citing the state constitution’s protection of a fundamental right to access abortion before a fetus is viable. The judge found the law to be too vague and ruled that pregnant women have a right to choose abortion before viability under the state constitution. The judge emphasized a woman’s right to control her own destiny and body, stating that the choice of whether to carry a pregnancy to term should belong to the individual woman, not the government. The judge referenced U.S. Supreme Court decisions on abortion but decided to uphold the ruling based on North Dakota precedent and constitution. The state’s Attorney General plans to appeal the decision, arguing that it overrides legislative law and previous state Supreme Court rulings. The ruling came in response to a lawsuit filed by a North Dakota clinic, which has since moved to Minnesota. Despite the ruling, there are currently no clinics in North Dakota performing abortions. The state’s ban had prohibited abortion at all stages of pregnancy, with exceptions for death, serious health risks, and victims of rape and incest up to six weeks gestation.

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