North Dakota abortion ban struck down by judge – Washington Examiner

The Thursday ruling is the latest turn in North Dakota’s abortion law since the Supreme Court’s June 2022 decision in Dobbs v. Jackson Women’s Health Organization returned abortion law to the states. The trigger law that would have banned abortion in the state was blocked by a court in 2022, pending a lawsuit, and the injunction was upheld in 2023.

While the trigger law was blocked, the state legislature passed a different abortion law, banning the practice with exceptions for medical emergencies along with rape or incest in the first six weeks. State District Judge Bruce Romanick ruled on Thursday the new law was unlawful.

Romanick wrote in his order that the law is “unconstitutionally void for vagueness,” claiming it infringes on “fundamental rights.”

“Pregnant women in North Dakota have a fundamental right to choose abortion before viability exists under the enumerated and unenumerated interests provided by the North Dakota Constitution for all North Dakota individuals, including women — specifically, but not necessarily limited to, the interests in life, liberty, safety, and happiness,” Romanick wrote in the order.

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The challenge was brought by Red River Women’s Clinic, which was North Dakota’s lone abortion center before it relocated to Moorhead, Minnesota. The director of the abortion provider, Tammi Kromenaker, said she is looking forward to a “new future” with abortion law in the state.

“Today’s decision gives me hope. I feel like the court heard us when we raised our voices against a law that not only ran counter to our state constitution, but was too vague for physicians to interpret and which prevented them from providing the high quality care that our communities are entitled to,” Kromenaker said in a statement Thursday.