The North Dakota Supreme Court ruled on Friday that the state's abortion ban will not be enforced while the appeal process is ongoing. This decision comes after a judge previously deemed the ban unconstitutional in September, leading to the current legal battle in the state's highest court.
Since the only abortion provider in North Dakota relocated to Minnesota in 2022, the state has been without any abortion clinics. Currently, abortions can only be performed in the state for life- or health-preserving reasons at a hospital.
The plaintiffs argued that maintaining the block on the ban was crucial for patients with pregnancy complications seeking timely medical care at hospitals. The state had requested a stay pending appeal, citing unresolved constitutional questions of significant importance to the state's residents.
Despite the state's efforts, the Center for Reproductive Rights, representing the abortion clinic and physicians challenging the law, opposed the stay. The court ultimately decided to keep the abortion ban blocked while the legal process unfolds.
North Dakota Attorney General emphasized that the recent decision pertains to the stay motion and not the constitutional merits of the legislation. The state intends to continue litigating the matter before the Supreme Court to establish the law's constitutionality.
The legal battle stems from North Dakota's Republican-controlled Legislature revising abortion laws in 2023, criminalizing most abortions with limited exceptions. The plaintiffs argued that the law was vague and its health exception too narrow, leading to the current legal dispute.
Despite differing views on the recent court decision, the case is set to proceed in the state Supreme Court. The Red River Women’s Clinic, which initiated the legal challenge, has no immediate plans to return to North Dakota.
