North Dakota judge rules state's abortion ban is unconstitutional

A North Dakota judge restored abortion rights in the state on Thursday, ruling that a statewide ban was unconstitutional and writing that women held an “inalienable” right to the procedure.

“Pregnant women have a fundamental right to choose abortion before viability exists,” North Dakota District Judge Bruce Romanick wrote.

The state’s restrictive ban went into effect after the Supreme Court overturned Roe v. Wade in 2022. It limited the scope of abortion access to rape or incest victims within the first six weeks of pregnancy, with exemptions allowed in cases of severe medical emergencies. The ban carried a maximum sentence of five years in prison and a $10,000 fine for healthcare professionals who aided in an abortion.

Romanick was asked to rule on a lawsuit against the state of North Dakota by the Red River Women’s Clinic. That Fargo clinic was the last one in the state at the time the lawsuit was filed. It has since moved across the border into Minnesota. The state asked Romanick to dismiss the lawsuit. He instead overturned the North Dakota law in a 24-page ruling that said the “law as currently drafted takes away a woman’s liberty and her right to pursue and obtain safety and happiness.”

Republican Gov. Doug Burgum is expected to appeal the decision.

Though the ruling restores abortion rights statewide, there are currently no clinics performing elective abortions in the state. For most North Dakota residents, the nearest clinic is in Minnesota.

The ruling is one of several state backlashes to abortion bans since Roe v. Wade was overturned, including a series of Kansas Supreme Court rulings finding a constitutional right to abortion and a slate of ballot initiatives in nearly a dozen states to restore access to reproductive care.