North Dakota judge strikes down state’s abortion restrictions

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CNA Staff, Sep 12, 2024 / 18:20 pm (CNA).

A state judge nixed North Dakota’s protections for unborn babies on Thursday, saying that the state constitution creates a right to abortion before the unborn baby is viable outside the womb, which is usually defined at 22 or 23 weeks of pregnancy. 

North Dakota District Judge Bruce Romanick’s 24-page order making abortion legal up to the point of fetal viability is set to go into effect in 14 days. 

The ruling overturned the law that North Dakota Gov. Doug Burgum signed in April 2023, which allowed abortion only in certain cases, such as pregnancies caused by rape or incest, within the first six weeks of pregnancy, and cases of serious health risk for the mother.

The Red River Women’s Clinic filed the original lawsuit in 2022 against a 2007 “trigger law” that went into effect after the overturning of Roe v. Wade. That law was later overturned by the state Supreme Court. The clinic has since relocated a few miles from Fargo, North Dakota, to Moorehead, Minnesota.

Romanick was ruling on the state’s request to dismiss the 2022 lawsuit. The state had argued that a trial wouldn’t make a difference as the clinic had since moved out of state.

Romanick ruled that the state’s abortion restrictions were unconstitutional because “pregnant women in North Dakota have a fundamental right to choose abortion before viability” under the state constitution, which protects “life, liberty, safety, and happiness” for individuals “including women.”

North Dakota Right to Life said in a statement Thursday that it is “deeply disappointed” by the ruling, arguing that the judge used “poor methodology” to go against “the standard legal process.”

“This ruling was made in response to the state’s request to dismiss the lawsuit, yet instead of either dismissing the case or setting a court hearing date, the judge unilaterally issued a ruling that dismantles critical protections for the unborn and vulnerable women across our state,” the statement read.

“The judge’s poor methodology and decision to bypass the standard legal process reflect a troubling disregard for the legal protections that were put in place to ensure informed consent and promote the safety of North Dakotans,” the statement continued. 

The judge also ruled that the restrictions were void because of their “vagueness.” He argued that the law violated due process because it was not clear enough to physicians which abortions they could perform legally and could have “a profound chilling effect on the willingness of physicians to perform abortions.”

“All North Dakota citizens, including women, have the right to make fundamental, appropriate, and informed medical decisions in consultation with a physician and to receive their chosen medical care … Such a choice is a fundamental one, central to personal autonomy and self-determination,” the court document reads.

“Unborn human life, pre-viability, is not a sufficient justification to interfere with a woman’s fundamental rights,” the judge continued. “Criminalizing pre-viability abortions is not necessary to promote the state’s interest in women’s health and protecting unborn human life.”

North Dakota Right to Life argued that the ruling was dangerous for both women and unborn children.

“We firmly believe that this ruling does a grave disservice to our state and will lead to harmful consequences for women, minors, and unborn children alike,” the statement read.

The group argued that the decision “opens North Dakota to unrestricted abortion access — eliminating necessary safeguards such as waiting periods, parental consent for minors, and critical health and safety standards.”

“In doing so, the judge’s decision directly undermines the well-being of women and young girls, putting their health at risk and disregarding the will of the people in North Dakota,” the statement continued.