Judge Overturns Abortion Ban in North Dakota

A judge has overturned a near-total abortion ban in North Dakota, fueling the ongoing debate over reproductive rights.

At a Glance

A North Dakota judge ruled against the state’s near-total abortion ban, citing it violates the state constitution.
District Judge Bruce Romanick ruled that women have a “fundamental right” to abortion before fetal viability under the state constitution.
The ruling came after an abortion clinic challenged the state’s ban, which the North Dakota government tried to dismiss.
The Republican-backed law allowed exceptions only under specific circumstances such as threats to the mother’s life, and incidents of assault and incest within the first six weeks.
The order has not yet taken effect and is likely to be appealed.

Judge Strikes Down Near-Total Abortion Ban

A North Dakota judge has struck down the state’s near-total abortion ban, ruling that it violates the state’s constitution. District Judge Bruce Romanick stated that the women have a “fundamental right” to abortion before fetal viability as guaranteed by the North Dakota Constitution.

The ruling followed a lawsuit filed by the Red River Women’s Clinic, which contested the state’s ban. The North Dakota government tried to have the case dismissed, arguing that the clinic, which has relocated to Minnesota, lacked standing.

The Republican-backed law, signed by Governor Doug Burgum in April 2023, allowed exceptions primarily if the mother’s life was in danger — or in cases of assault and incest, but only within the first six weeks of pregnancy.

The judge found that the state failed to demonstrate a compelling interest in enforcing the ban, suggesting it infringed on women’s rights to personal autonomy.

BREAKING – North Dakota judge strikes down the state's abortion ban and says women have a right to the procedure until viability. – AP

— Insider Paper (@TheInsiderPaper) September 12, 2024

Reactions and Implications

Judge Romanick argued that the law took away a woman’s liberty and her right to safety and happiness. Additionally, the ruling stated that the law impermissibly infringed on the constitutional rights of crime victims.

Tammi Kromenaker, the clinic director, praised the judgment. “The judge clearly understood the depth of our arguments,” she said. “It’s a good day for North Dakota’s pregnant people, and we are very pleased.”

Meanwhile, State Attorney General Drew H. Wrigley announced plans to appeal the decision. State Sen. Janne Myrdal, who sponsored the abortion ban, expressed disappointment in the ruling. “The losers today are the unborn children and their moms and dads, not any activists,” Myrdal said. The lawmaker asserted that Romanick “made the wrong decision on the most important case he’s ever had.”

One doctor, Ana Tobiasz has expressed relief, stating the decision will remove fears of prosecution for performing abortions in medical emergencies. “We are finally free to put our patients’ health first and offer patients the standard of care without fear of facing criminal prosecution,” Dr. Tobiasz said.

The US Supreme Court’s 2022 decision to overturn Roe v. Wade has allowed states to impose their own abortion laws, putting states like North Dakota at the forefront of legal challenges.

Future Legal Battles

The order has not yet taken effect and is likely to be moved up to higher courts. Should the ruling be upheld, it could set a precedent for other states dealing with similar legislation.

Republican Governor Doug Burgum supported the law, signing it in 2023 and stating, “It reaffirms North Dakota as a pro-life state.” However, the ongoing legal battle signifies a deeply divided nation on the issue of abortion, ensuring that the debate is far from over.

The North Dakota legal landscape continues to evolve, driven by a mix of legal arguments and societal values. As appeals proceed, both supporters and opponents of the ban remain steadfast, awaiting the next significant ruling.