On Thursday, a North Dakota state judge overturned the near-total abortion ban in the state, making abortion legal once again. Burleigh County District Judge Bruce Romanick ruled that the ban, enacted following the U.S. Supreme Court’s decision to overturn Roe v. Wade, violates the due process protections guaranteed by North Dakota’s state constitution.
In his ruling, Judge Romanick emphasized that the state’s constitution ensures individuals the right to make personal medical decisions, including those affecting bodily autonomy and health, without government interference. He stated that the criminalization of pre-viability abortions, which do not sufficiently protect the state’s interests, is not justified.
The law in question made abortion illegal except in cases of rape or incest (within six weeks of pregnancy) or if the mother faced serious physical health risks. Violating this law could result in up to five years in prison and a $10,000 fine for healthcare professionals.
Despite the legal victory, the only clinic serving North Dakota residents, the Red River Women’s Clinic, now operates out of Minnesota. Abortion-rights advocates and Democratic leaders celebrated the decision, calling it a significant win for women’s reproductive freedoms.
However, anti-abortion advocates expressed disappointment. North Dakota Attorney General Drew Wrigley announced plans to appeal, arguing that the judge’s ruling disregards legislative authority. If overturned, North Dakota would join the 13 other states where abortion is currently banned.
This decision is likely to be appealed, leaving the future of abortion rights in North Dakota uncertain.