State judge strikes down North Dakota abortion ban

A North Dakota judge on Thursday struck down a law banning most abortions in the conservative US state, ruling that it was vague and unconstitutional.

North Dakota's legislature passed a ban on abortion last year except in cases of rape or incest and if a pregnancy poses serious health risks to the mother.

Even in cases of rape or incest an abortion may only be performed on women who have been pregnant for less than six weeks.

State District Judge Bruce Romanick issued his ruling in a lawsuit filed by the sole abortion clinic in North Dakota, which has since moved to the neighboring state of Minnesota, where the procedure is legal.

The judge said the law passed by the Republican-majority North Dakota legislature was "confusing and vague."

"As written, it can have a profound chilling effect on the willingness of physicians to perform abortions, even where the North Dakota Supreme Court has already said there is a fundamental right to do so to preserve a women's life or health," Romanick said.

He said the law also fails on constitutional grounds.

"The North Dakota Constitution guarantees each individual, including women, the fundamental right to make medical judgments affecting his or her bodily integrity, health, and autonomy, in consultation with a chosen health care provider free from government interference," Romanick said.

Meetra Mehdizadeh, an attorney at the Center for Reproductive Rights, welcomed the ruling as a "win for reproductive freedom."

"However, the damage that North Dakota's extreme abortion bans have done cannot be repaired overnight," Mehdizadeh said. "There are no abortion clinics left in North Dakota."

Abortion rights have become a key issue in the November presidential election between Republican Donald Trump and Democrat Kamala Harris.

Abortion has become a rallying cry for Democrats since the nationwide right to the procedure was struck down by the conservative-dominated Supreme Court in 2022.

Many Republican-led states quickly moved to restrict or outright ban the procedure after the ruling by the top court, which includes three justices nominated by Trump.

Several states have added abortion access ballot measures in the November election.