In a significant ruling on Thursday, the South Central District Court of North Dakota declared the state’s Amended Abortion Ban unconstitutional, affirming a woman’s right to pre-viability abortion under the state’s constitutional protections of life, liberty, and the pursuit of happiness.
The decision, handed down by Judge Bruce A. Romanick, effectively nullifies one of the strictest abortion bans in the U.S.
The Amended Abortion Ban, which permitted abortions only in cases where the woman’s life or health was at serious risk, or in instances of rape or incest if the pregnancy was less than six weeks along, was challenged for its vagueness and restrictive scope.
Judge Romanick ruled the law void for vagueness, stressing that it left physicians without clear guidance and jeopardized women’s access to critical medical care.
Judge Romanick applied the “living constitution” doctrine in interpreting the rights enshrined in the North Dakota Constitution, asserting that the document must evolve to meet modern societal needs.
He acknowledged that the constitution was drafted during a time when women were not regarded as full citizens, and that this historical context should no longer dictate the present interpretation of constitutional rights.
The court recognized that pregnancy profoundly affects a woman’s health and life, thereby affirming her procreative autonomy as part of her constitutional protections.
Tammi Kromenaker, Director of Red River’s Women’s Clinic and a plaintiff in the case, expressed relief at the ruling:
“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.”
This ruling marks the second time North Dakota has attempted to restrict abortion access. In 2022, the state’s initial abortion ban was blocked in Wrigley v. Romanick, leading to the revised bill that included limited exceptions for cases involving death, serious health risks, or rape. Judge Romanick’s ruling, which invalidates this second attempt, is expected to be appealed by North Dakota Attorney General Drew Wrigley.
The case also highlights the broader national debate over reproductive rights since the U.S. Supreme Court overturned Roe v. Wade in its 2022 Dobbs v. Jackson Women’s Health Organization decision. With abortion rights now determined at the state level, the legal landscape has become fragmented, creating uncertainty for women across the country.
This decision is poised to have a lasting impact on abortion rights in North Dakota and could set a significant legal precedent as the issue moves through higher courts.
