North Dakota Supreme Court Weighs Abortion Law Reinstatement
BISMARCK, ND – North Dakota’s solicitor general urged the state Supreme Court on Thursday to restore an abortion ban recently invalidated by a lower court. Phil Axt argued for the law’s reinstatement, asserting the state’s compelling interest in protecting unborn life, a sentiment he feels the district court overlooked. The law, enacted in April 2023 by Governor Doug Burgum, prohibits abortions in all circumstances, except for cases of rape or incest if the pregnancy is less than six weeks along, or if the mother’s health is at serious risk.
This law was annulled by South Central Judicial District Court Judge Bruce Romanick in September, who declared it unconstitutional for being vague and infringing on medical freedom. He asserted that women possess a fundamental right to seek an abortion prior to fetal viability.
Axt contended that Romanick’s ruling contradicts the Supreme Court’s earlier decisions and contained significant legal errors. He emphasized that, according to the state constitution, there is no right to abortion before viability. Meanwhile, attorney Meetra Mehdizadeh, representing plaintiffs including reproductive healthcare providers, argued that maintaining the ban would undermine critical health care and violate the rights of physicians and patients alike.
The Supreme Court’s deliberation focused on whether to temporarily suspend Romanick’s ruling pending a full review of the case. The justices did not rule on the underlying merits and took the matter under advisement. Should the ban remain, health care professionals could face up to five years in prison and hefty fines for violations, further complicating the ongoing legal landscape surrounding abortion in North Dakota.
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Photo credit northdakotamonitor.com
