Legal/Law/Criminal Justice and Reform

‘Unconstitutionally Void’: District Judge Slaps Down North Dakota’s Abortion Ban

Tingey Injury Law Firm

A North Dakota district judge ruled against the state’s abortion ban Thursday, calling it unconstitutional.

District Judge Bruce Romanick declared the state’s abortion ban to be “unconstitutionally void for vagueness,” adding that “pregnant women in North Dakota have a fundamental right to choose abortion before viability exists.” The ruling stemmed from a 2022 lawsuit led by an abortion clinic and medical practitioners, who sought to block the law.

“The abortion statues at issue in this case infringe on a woman’s fundamental right to procreative autonomy, and are not narrowly tailored to promote women’s health or to protect unborn human life,” the ruling states. “The law as currently drafted takes away a woman’s liberty and her right to pursue and obtain safety and happiness. The law also impermissibly infringes on the constitutional rights for victims of crimes.”

The law, enacted by Gov. Doug Burgum in April 2023, bans abortions in cases of rape and incest, as well as after the sixth week of pregnancy. An exemption was carved out, however, for abortions “deemed necessary based on reasonable medical judgment which was intended to prevent the death or a serious health risk to the pregnant female.”

“All North Dakota citizens, including women, have the right to make fundamental, appropriate, and informed medical decisions in consultation with a physician and to receive their chosen medical care among comparable alternatives,” the ruling states. “Such a choice is a fundamental one, central to personal autonomy and self-determination. Those choices belong to the individual, not the government. That is the essence of what liberty and happiness requires.”

An Alaska Superior Court judge ruled last Thursday against a state law that only allowed physicians who are licensed by the State Medical Board to perform abortions. The court ruled that the  law goes against parts of the state’s constitution.

Other states like Missouri and Florida will see proposed abortion amendments appearing on their November ballots. The Missouri Supreme Court ruled on Tuesday that the amendment would appear on the ballot, after going through several legal battles.

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