North Dakota Right to Life says the ruling is dangerous for both women and unborn children.

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 facility 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 facility 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.”

The statement continued, “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.”

North Dakota’s regular resident waterfowl season opens Saturday, Sept. 21. In this week’s segment of “North Dakota Outdoors,” host Mike Anderson visits with Mike Szymanski, waterfowl biologist for the Game and Fish Department, who provides insights into what hunters can expect in 2024. For more information on the waterfowl season in North Dakota, visit the Game and Fish Department’s website at gf.nd.gov.

ABERCROMBIE, N.D. — A pair of dairy farms planned for eastern North Dakota could more than quadruple the number of dairy cows in the state.

Riverview, a Minnesota-based business, is planning on a $90 million dollar dairy farm in Richland County, just south of Abercrombie, N.D.

Officials at Riverview say the proposed dairy farm would be a boon for the community, but some residents are concerned about how it would impact small-town life in Abercrombie.

The Abercrombie dairy farm would include 12,500 dairy cows, officials said. The North Dakota Department of Agriculture estimates the current dairy cow population at 10,000 cows statewide.

Between Abercrombie and the dairy farm proposed in Traill County, if both projects come to pass, it would effectively quadruple the population of cows.

Riverview staff say it would create jobs, expecting to employ 45 people, although they admit other employees would be internal hires. They say the presence of the farm would increase job opportunities for other vocations, such as truck drivers and manure applicators.

Some residents are worried about what the proposed farm could do to the community.

Dylan Johnson has lived in Abercrombie township his whole life, and lives just a mile away from the proposed farm site.

“We’re really concerned with smell. We’re really concerned about our water as far as our wells,” Johnson said. “We’re also worried about contamination from manure, or, you know, missing or mishandling of it, another thing you know, smell, obviously … flies.”

He said many in Abercrombie only recently learned about the project, and despite the open house held on Wednesday, Sept. 11, Riverview hasn’t been transparent with the community. Area residents are worried the large amount of manure generated by the farm could potentially contaminate local water sources.

“What happens when we have overland flooding and all that newer, whatever bacteria, gets into the river and it flows up north, where Oxbow, Fargo get their water,” Johnson said.

For now, citizens with concerns are working on getting the state Department of Environmental Quality to hold a public hearing. They have until Oct. 5. So far, 273 signatures have been collected on a petition from the Abercrombie Citizens for Responsible Growth asking the Department of Environmental Quality to schedule a public town hall.

Residents who have concerns are planning on sharing those concerns with the community at a public meeting at 7 p.m. Thursday, Sept. 12, at the Abercrombie Community Center.

Mike McGurran has been a reporter and anchor at WDAY-TV since 2021.