North Dakota: judge declares abortion ban unconstitutional

A North Dakota judge overturned the state's near-total ban on abortion Thursday, sparking divided reactions in a conservative state that has fought to protect the lives of the unborn. Judge Bruce Romanick declared that the state constitution gives women the "fundamental right to procreative autonomy" before fetal viability and called the law, passed last year, "unconstitutionally void for vagueness."

Prohibition in defense of life

The legislation, which Romanick repealed, had been designed to ban abortion in almost all cases, except in situations of rape, incest or when the mother's life was in danger, and as long as the pregnancy did not exceed six weeks. Proponents of the law, including many pro-life activists, pointed out that these provisions were intended to protect both mothers and developing fetuses. Under the law, doctors who performed abortions outside these parameters could face up to five years in prison and a fine of up to $10,000.

Impact of the court decision

Judge Romanick based his ruling on a broad interpretation of the state constitution, arguing that the law violated the right to "procreative autonomy." He held that the ban was not narrowly tailored to protect women's health or the lives of the unborn. This ruling leaves North Dakota without a clear law regulating abortion, which pro-life activists say puts at risk fetuses who no longer have legal protection.

Fight to protect the unborn

Bridget Turbide, executive director of North Dakota Right to Life, expressed disappointment at the ruling but said it was not entirely unexpected. "We are disheartened by the news, but we did expect it," Turbide stated. Her organization has been at the forefront of the fight against abortion, advocating for laws that recognize the right to life of the unborn and supporting women with difficult pregnancies.

This is North Dakota's second attempt to implement an abortion ban that the courts have blocked. After the U.S. Supreme Court struck down Roe v. Wade in 2022, the state attempted to enforce a near-total ban through a trigger device law, which the courts also stopped.

Reactions and next steps

State Attorney General Drew H. Wrigley vowed to appeal the ruling, asserting that Judge Romanick's analysis ignores the mandate of state lawmakers. Wrigley stressed that the law represented the desire of a majority of North Dakotans, who have strongly supported measures to restrict abortion.