North Dakota Supreme Court restores abortion ban after vote fails to overturn law
BISMARCK, NORTH DAKOTA: The North Dakota Supreme Court’s ruling on Friday, November 21, has restored the state’s abortion ban, making the procedure illegal once again. The court failed to gather enough votes to uphold a 2024 ruling that had temporarily blocked the law, according to ABC News.
At least four justices were needed to overturn the ban and make abortion legal, but that did not happen. Only three justices ruled the law unconstitutional, while two others disagreed, arguing the law remains legal.
Opponents of the abortion ban called the ruling “a devastating loss for pregnant North Dakotans,” while supporters described it as a significant victory. With this decision, North Dakota becomes one of 12 states that restrict abortion at nearly every stage of pregnancy.
State Supreme Court fails to overturn law, abortion remains illegal
In 2024, the ban had been temporarily lifted, but it is now back in effect under state law. Performing an abortion is again classified as a criminal offense, though patients are specifically protected from prosecution.
Doctors or medical staff who perform abortions can face serious consequences, including up to five years in prison and a $10,000 fine.
North Dakota Republican Attorney General Drew Wrigley praised the ruling, stating, “The Supreme Court has upheld this important pro-life legislation, enacted by the people’s Legislature. The Attorney General’s office has the solemn responsibility of defending the laws of North Dakota, and today those laws have been upheld.”
Republican state Senator Janne Myrdal, who sponsored the 2023 abortion ban, said she was “thrilled and grateful” that two respected justices recognized the law as fully constitutional, protecting both mothers and unborn children.
Under the ruling, abortions are allowed only in very limited circumstances, such as to save a patient’s life or protect their health, and must be performed in hospital settings.
Doctors face legal risks as abortion ban returns
Not everyone agreed with the court’s decision. Meetra Mehdizadeh, senior staff attorney at the Center for Reproductive Rights, said the law puts doctors in an impossible position.
“As a majority of the Court found, this cruel and confusing ban is incomprehensible to physicians. The ban forces doctors to choose between providing care and going to prison,” Mehdizadeh said. “Abortion is health care, and North Dakotans deserve to access this care without delay caused by confusion about what the law allows.”
Justice Daniel Crothers, one of the three justices who voted against the ban, wrote that the district court’s earlier decision was not wrong. “The vagueness in the law relates to when an abortion can be performed to preserve the life and health of the mother,” Crothers said, according to ABC News.
