In 'win for reproductive freedom,' North Dakota judge strikes down abortion ban

Two days after Republican presidential candidate Donald Trumpclaimed that "every Democrat, every Republican, liberal, conservative" wanted the federal right to abortion care to be overturned by the U.S. Supreme Court, a North Dakota judge became the latest on Thursday to strike down a state-level abortion ban, saying it violated residents' constitutional rights.

"The North Dakota Constitution guarantees each individual, including women, the fundamental right to make medical judgments affecting his or her bodily integrity, health, and autonomy, in consultation with a chosen healthcare provider free from government interference," wrote Judge Bruce Romanick, a District Court judge. "This section necessarily and more specifically protects a woman's right to procreative autonomy—including to seek and obtain a previability abortion."

The near-total ban on abortion care will be officially blocked in the coming days, in a move that the Center for Reproductive Rights (CRR) said could ultimately help restore access for people across the Midwest, as abortion care is currently banned in South Dakota and heavily restricted in nearby states including Nebraska and Iowa.

Meetra Mehdizadeh, a staff attorney at CRR, which filed a lawsuit against North Dakota's ban in 2023, said the ruling "is a win for reproductive freedom, and means it is now much safer to be pregnant in North Dakota," but warned that Republican lawmakers who passed the law have already done damage to pregnant people in the state that will take time to reverse.

"The damage that North Dakota's extreme abortion bans have done cannot be repaired overnight," said Mehdizadeh. "There are no abortion clinics left in North Dakota. That means most people seeking an abortion still won't be able to get one, even though it is legal. Clinics are medical facilities that need to acquire doctors, staff, equipment—they can take years to open, like most healthcare centers. The destructive impacts of abortion bans are felt long after they are struck down."

CRR argued in the case that the ban was too vague for medical providers to determine when an exception would be allowed for a pregnant patient whose life or health was at risk.

"This left physicians who provided abortions with the threat of having to defend their decision in court if someone were to question the provider's judgment," said the group. "Violating the ban was considered a class C felony, punishable by a maximum of five years of imprisonment, a fine of $10,000, or both."

Among the plaintiffs represented by CRR was Red River Women's Clinic, which was North Dakota's sole abortion care provider until a prior ban forced it to relocate from Fargo to Moorhead, Minnesota, where abortion has remained legal following the U.S. Supreme Court's overturning of Roe v. Wade.

"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," said Tammi Kromenaker, director of the clinic. "Abortion is lifesaving healthcare; it should not be a crime. I look forward to a new future in North Dakota and hope our lawmakers will finally give up on their crusade to force pregnancy on people against their will."

Since Roe was overturned in 2022, numerous women have shared stories of being denied abortion care after suffering complications—including some that were life-threatening.

Judges in states including Wyoming, Utah, and Montana have blocked abortion bans in recent years, and voters have rejected anti-abortion ballot measures and approved ones that support the right to abortion in states including Kentucky, Kansas, Ohio, and Michigan.