A North Dakota judge has struck down the state's restrictive abortion law, declaring it unconstitutional and a violation of women's rights.
Breitbart reported that the decision effectively restores the legality of abortion in the state, though no clinics remain operational to provide the procedure.
On Thursday, Burleigh County District Judge Bruce Romanick issued the ruling, marking a significant shift in the state’s abortion landscape.
Judge Romanick's ruling directly challenged the state's post-Dobbs abortion ban, which went into effect after the U.S. Supreme Court's 2022 decision to overturn Roe v. Wade.
The North Dakota law prohibited abortion at all stages of pregnancy, with narrow exceptions for cases of rape or incest (up to six weeks of gestation) and when the woman's life or physical health was endangered.
In his decision, Judge Romanick emphasized the constitutional protections guaranteed under the North Dakota Constitution, particularly the right to make personal medical decisions.
He stated that the law violated the due process protections enshrined in the state constitution, especially regarding women’s autonomy over their own bodies.
“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 health care provider free from government interference,” Romanick explained in his ruling. He further underscored that pre-viability, unborn life does not present a valid reason to limit these rights.
The state’s now-overturned law imposed significant penalties on healthcare providers who performed abortions in violation of the law.
Doctors and medical staff could have faced up to five years in prison and fines of up to $10,000.
The law was part of a wave of abortion restrictions passed by conservative states following the Dobbs decision. However, this ruling places North Dakota among a smaller group of states where courts have overturned such laws, citing constitutional protections for women.
The legal challenge to the law was brought forward by the Red River Women’s Clinic, a former abortion provider in North Dakota. The clinic preemptively sued the state before the abortion ban could take full effect, arguing that the law placed unconstitutional burdens on women seeking healthcare.
Tammi Kromenaker, director of the Red River Clinic, expressed satisfaction with the outcome.
“We are very pleased with the decision today. It gives us hope. We feel like the court heard us,” Kromenaker said.
However, the legal victory may be bittersweet for advocates. While abortion is now legal again in North Dakota, there are no longer any operational abortion clinics in the state. The Red River Women’s Clinic has since relocated to Minnesota, just a short drive from its previous location in Fargo, North Dakota.
Despite the ruling, North Dakota’s Attorney General Drew Wrigley expressed his intention to appeal the decision. Wrigley criticized the judge's ruling as an overreach, arguing that it undermined the legislative branch's authority.
“Judge Romanick’s opinion inappropriately casts aside the law crafted by the legislative branch of our government and ignores the applicable and controlling case law previously announced by the North Dakota Supreme Court,” Wrigley stated.
It is expected that the case will proceed to the North Dakota Supreme Court, setting up a potential legal showdown over the state’s abortion laws. The state’s high court had previously signaled its stance on abortion restrictions, but the outcome of this appeal could further clarify the legality of abortion in North Dakota.
The ruling has sparked mixed reactions from lawmakers. State Senator Janne Myrdal, a vocal supporter of the abortion ban, condemned the verdict as a loss for the unborn and their families. “The losers today are the unborn children and their moms and dads, not any activists. There’s no winner in this,” Myrdal said.
Myrdal also criticized Judge Romanick, stating that his decision would tarnish his legacy. “Judge Romanick will go into retirement after a long career having made the wrong decision on the most important case he’s ever had,” she added.
While the court ruling has reinstated the legality of abortion in North Dakota, the practical reality remains unchanged: no clinics are currently operating in the state to provide these services. Women seeking abortions may need to travel out of state, as many already do.
