North Dakota's Top Court Reinstates Near-Total Abortion Prohibition
The Supreme Court of North Dakota has revived the state's stringent abortion ban, effectively making it a felony for doctors to perform the procedure. This ruling, delivered on Friday, permits abortions only in narrowly defined circumstances: medical emergencies or some instances of rape or incest.
A Legal Reversal and Its Devastating Impact
This decision overturns a previous ruling from a lower court last autumn that had temporarily blocked the ban. The lower court had argued that the law's exceptions were unconstitutionally vague. While three of the five state Supreme Court justices agreed with this assessment, they fell short of the supermajority required by North Dakota law to declare a statute unconstitutional.
Meetra Mehdizadeh, a senior attorney at the Center for Reproductive Rights, which represented the plaintiffs, called the outcome a "devastating loss for pregnant North Dakotans." The plaintiffs included several doctors and the Red River Women's Clinic, which was originally located in Fargo, North Dakota, but relocated to Moorhead, Minnesota following the overturning of Roe v Wade.
The Practical Dangers of a Vague Law
Under the revived ban, an abortion is only allowed if a pregnancy poses a serious physical health threat under "reasonable medical judgment." Abortion rights advocates contend this language is dangerously ambiguous, leaving doctors in an impossible position. Medical professionals across the United States have reported struggling to interpret such exceptions, leading to situations where women have been denied medically necessary care.
Justice Daniel Crothers, in a majority opinion that ultimately lacked the votes to strike down the law, highlighted this critical flaw. He wrote that the vagueness "has the potential to restrict the provision of constitutionally protected medical care," drawing a parallel to how vague protest laws can deter free speech.
The ban's exception for rape or incest is also extremely restrictive, applying only if the woman has been pregnant for less than six weeks—a point at which many are unaware they are pregnant. Doctors found in violation of the law face severe penalties, including up to five years in prison, fines of $10,000, or both.
Broader Consequences and National Context
With this ruling, North Dakota joins a growing list of 13 states that now prohibit all or most abortions. The case underscores the ongoing national struggle over reproductive rights and the tangible consequences for both healthcare providers and patients. As Mehdizadeh stated, the law "forces doctors to choose between providing care and going to prison," creating a chilling effect on essential medical services.
