North Dakota Supreme Court Reinstates Near-Total Abortion Ban After Split Ruling

Overview

• Abortion is again illegal statewide after the court reversed a lower ruling that had struck down the law.
• The statute makes performing an abortion a felony with exceptions only to prevent death or a serious health risk and for rape or incest within the first six weeks.
• Three justices said the law is unconstitutionally vague, specifically the life-and-health exception, while two justices concluded it is not unconstitutional.
• Judge Bruce Romanick had invalidated the 2023 ban in 2024 on state constitutional grounds before the state appealed.
• North Dakota has no operating abortion clinic since Red River Women’s Clinic moved to Moorhead, Minnesota, and providers’ counsel called the revived ban a devastating loss.