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North Dakota abortion ban deemed constitutional in split opinion from state Supreme Court
https://northdakotamonitor.com/2025/11/21/breaking-north-dakota-abortion-ban-deemed-constitutional-in-split-opinion-from-state-supreme-court/3 of 5 justices found law unconstitutional, but 4 needed to overturn law
North Dakota’s abortion ban survived a court challenge after the state Supreme Court failed to meet the supermajority required to overturn the law.
The Friday decision reverses a lower court’s ruling from last fall that struck down the law as unconstitutionally vague and found that women have a right to seek abortions until the point of fetal viability.
Three of the five justices found the law unconstitutional: Daniel Crothers, Lisa Fair McEvers and Daniel Narum, a district court judge who sat on the case in place of Douglas Bahr, who recused. Chief Justice Jon Jensen and Justice Jerod Tufte found the law constitutional. A vote of at least four justices is needed to find a law unconstitutional.
The ruling follows more than two years of litigation over the statute, which was signed by former Gov. Doug Burgum in April 2023 just weeks after the Supreme Court struck down a previous abortion ban.
The law bars abortion in all cases except rape or incest if the mother has been pregnant less than six weeks, or when the pregnancy would be considered a serious physical health threat under “reasonable medical judgment.” Psychological conditions do not count as serious health risks under the ban.
North Dakota’s abortion ban survived a court challenge after the state Supreme Court failed to meet the supermajority required to overturn the law.
The Friday decision reverses a lower court’s ruling from last fall that struck down the law as unconstitutionally vague and found that women have a right to seek abortions until the point of fetal viability.
Three of the five justices found the law unconstitutional: Daniel Crothers, Lisa Fair McEvers and Daniel Narum, a district court judge who sat on the case in place of Douglas Bahr, who recused. Chief Justice Jon Jensen and Justice Jerod Tufte found the law constitutional. A vote of at least four justices is needed to find a law unconstitutional.
The ruling follows more than two years of litigation over the statute, which was signed by former Gov. Doug Burgum in April 2023 just weeks after the Supreme Court struck down a previous abortion ban.
The law bars abortion in all cases except rape or incest if the mother has been pregnant less than six weeks, or when the pregnancy would be considered a serious physical health threat under “reasonable medical judgment.” Psychological conditions do not count as serious health risks under the ban.
More women and girls will die thanks to the North Dakota Supreme Court 🤬
— Jennifer C (@thejenniwren.teamlh.social) 2025-11-22T01:30:50.411Z
In a split decision, the court upheld the state’s abortion ban despite a lower court ruling it unconstitutional.
No bodily autonomy and endangering lives. Despicable.
northdakotamonitor.com/2025/11/21/b...