Abortions to resume in North Dakota after court finds near-total ban unconstitutional

(RALEIGH, N.C.) — Abortions are now legal in North Dakota after the state Supreme Court ruled its near-total abortion ban was unconstitutionally vague.

The ruling came as part of a lawsuit filed by physicians that asked the court to strike down the ban in its entirety. A North Dakota South Central Judicial District Court judge granted that request Thursday.

At least 21 states currently have bans or restrictions in place on abortion care. Of those states, 13 states have ceased nearly all abortion services and four states prohibit abortions after six weeks of pregnancy, before most women know they are pregnant.

Abortion is currently illegal in South Dakota.

Plaintiffs argued the ban was unconstitutionally vague and made it impossible to interpret the language surrounding when abortions are allowed under medical exceptions, according to the Center for Reproductive Rights, which filed the lawsuit.

Physicians who violate the ban could be found guilty of a class C felony, punishable with up to five years of imprisonment, a $10,000 fine or both.

The court also found pregnant women have a fundamental right to choose an abortion before viability under the state constitution.

“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,” Judge Bruce Romanick wrote in the opinion.

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