Bismarck, North Dakota. Abortion is once again illegal in North Dakota after the state Supreme Court reinstated a near-total ban on Friday, reversing a lower-court ruling that had blocked the law. Under the reinstated statute, abortion is now a felony except in cases where a pregnant woman’s life or health is at risk, or in instances of rape or incest within the first six weeks of pregnancy. Doctors who violate the ban face up to five years in prison and a $10,000 fine, though patients are not subject to prosecution.
The ruling affects a state where access has already been nearly eliminated. The Red River Women’s Clinic — formerly North Dakota’s only abortion provider — relocated to Minnesota in 2022 after earlier restrictions were enacted. Medical providers say the renewed ban will intensify uncertainty around when exceptions apply, potentially delaying treatment in emergency situations.
Ana Tobiasz, a maternal-fetal medicine specialist in Bismarck and a plaintiff in the case, said providers were already fearful of legal consequences even when the ban was temporarily halted in 2024. She described the reinstated law as difficult to interpret, especially regarding life-saving care.
Three of the five justices found the law vague, but state rules require four votes to strike down a statute as unconstitutional. With the ruling, North Dakota joins at least 12 states enforcing similar or more restrictive bans.
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