North Dakota’s Abortion Ban Ruled Unconstitutional by State Supreme Court

The state supreme court reversed a lower court ruling, allowing a near-total ban to take effect. The law prohibits performing an abortion, classifying violations as a class C felony with penalties up to five years in prison, $10,000 fine, or both. Exceptions for rape or incest within the first six weeks of pregnancy and cases where a mother faces death or serious health risk. The state constitution requires four of five justices to agree the law is unconstitutional, three members court concluded the ban was unconstitutionally vague, two did not. Justice Daniel Crothers, one of the three votes against the ban, wrote that the statute’s exceptions related to preserving the life and health of the mother were unclear and the lower court correctly found the law constitutional. He wrote striking the vague portion left remaining parts inoperable and said court would not rule on other issues. The ruling places North Dakota among 13 states with most restrictive abortion bans, blocking procedure at nearly all stages. Abortion access already limited in North Dakota because state has no operating clinics; last provider moved to Minnesota after U.S. Supreme Court overturned Roe v. Wade in 2022. State law also forbids use of telehealth services for abortion induced by medication. Abortion policy shifted since Roe was overturned, starting with activation of a trigger ban approved years earlier by lawmakers. Legislature passed similar statute with specific exceptions but judge blocked in 2024, prompting appeal from Republican Attorney General Drew Wrigley.

The North Dakota Catholic Conference praised the court’s decision. “The North Dakota Catholic Conference applauds the North Dakota Supreme Court’s decision. While this is a major victory, we are nevertheless disappointed that only two of five justices ruled to uphold current law as constitutional.” The church leaders said there is more work to do in North Dakota to preserve life.