By Canadian Press

North Dakota’s overturned abortion ban won’t be in effect during appeal, court rules

Jan 24, 2025 | 3:10 PM

BISMARCK, N.D. (AP) — North Dakota’s abortion ban will not be enforced while the state appeals an earlier decision that found it unconstitutional, the state’s highest court ruled Friday.

That appeal has yet to fully play out in the state Supreme Court after a judge struck down the law in September.

North Dakota has had no abortion providers since the only one moved from Fargo to neighboring Moorhead, Minnesota, in 2022. The only scenarios in which North Dakotans can currently obtain an abortion in the state would be for life- or health-preserving reasons at a hospital.

Attorneys for the state had asked the North Dakota Supreme Court to grant a stay pending appeal. They said a stay “is warranted because this case presents serious, difficult, and unresolved constitutional questions that are of profound importance to the people of this State,” among other reasons.

State District Judge Bruce Romanick had earlier denied a requested stay, saying: “It would be non-sensical for this Court to keep a law it has found to be unconstitutional in effect pending appeal.”

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The Center for Reproductive Rights, which represents the abortion clinic and several physicians who challenged the law, opposed a stay. The court heard oral arguments on the state’s request for a stay in November.

“Today’s decision to keep the abortion ban blocked was the only logical outcome,” Meetra Mehdizadeh, senior staff attorney at the center, said in a statement. “People are dying without access to abortion, and still the State sought to stop pregnant North Dakotans facing dangerous situations from getting the care they need. It’s shameful. We will not stop fighting until this ban is struck down once and for all.”

North Dakota Attorney General Drew Wrigley did not immediately respond to a text message or a phone call.

The case has had a winding road since the Red River Women’s Clinic initially challenged the state’s previous abortion ban in the wake of the U.S. Supreme Court overturning Roe v. Wade in 2022.

In 2023, North Dakota’s Republican-controlled Legislature revised the state’s abortion laws. That law criminalized the performance of an abortion as a felony, with the only exceptions to save the life of a mother or to prevent a “serious health risk” to her. The ban also allowed for abortions in cases of rape or incest but only up to six weeks gestation, which is often before many women know they are pregnant. The plaintiffs said the law was unconstitutionally vague and its health exception too narrow.

Justice Douglas Bahr recused himself from the state’s request for a stay. In an email to The Associated Press in which he cited the state judicial ethics code, Bahr said he represented the state as solicitor general in a previous Supreme Court case involving the clinic.

Jack Dura, The Associated Press