A North Dakota district court judge ruled against the state's abortion ban on Thursday, finding it unconstitutional.
District Judge Bruce Romanick Declared The ruling added that the state's abortion ban is “unconstitutional and invalid for vagueness” and that “pregnant women in North Dakota have a fundamental right to choose an abortion before viability.” Litigation Abortion clinics and doctors led the effort to block the law.
“The abortion law at issue in this case violates a woman's fundamental right to reproductive autonomy and is not strictly designed to promote women's health or protect the life of the unborn child,” the ruling read. “The current law deprives women of their freedom and right to pursue their safety and happiness, and unjustifiably infringes on the constitutional rights of crime victims.”
WASHINGTON, DC – MARCH 26: Demonstrators march to the U.S. Capitol and the Supreme Court during a “Ban Mifepristone” rally organized by the Women's March in Washington, DC on March 26, 2024. (Photo by Jemal Countess/Getty Images for Women's March)
The law, enacted by Gov. Doug Burgum in April 2023, bans abortions in cases of rape or incest, as well as abortions after the sixth week of pregnancy, but makes exceptions for abortions “determined necessary, based on reasonable medical judgment, to prevent death or serious health risk to the pregnant woman.” (Related story: Judge deals blow to Democratic state effort to put abortion amendment on ballot)
“All North Dakotans, including women, have the right to make basic, appropriate and informed medical decisions in consultation with their physicians and to receive medical care selected from among comparable options,” the ruling states. “Such choices are fundamental and central to individual autonomy and self-determination. These choices are personal, not governmental, and are essential to liberty and happiness.”
An Alaska Superior Court judge ruled last Thursday against a state law requiring only doctors licensed by the state medical board to perform abortions, finding that the law violates part of the state constitution.
Other states, including Missouri and Florida, will also feature abortion amendments on their November ballots. The Missouri Supreme Court ruled Tuesday that the amendment will be on the ballot after several legal battles.
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