Judge Strikes Down North Dakota Abortion Ban, Upholds Access Rights

BISMARCK, N.D. — A significant ruling emerged from North Dakota on Thursday, as a state judge invalidated the state’s abortion ban. The judge emphasized that the broad guarantees of personal liberty embedded in the state constitution establish a fundamental right to access abortion prior to fetal viability.

North Dakota’s GOP attorney general has vowed to appeal this ruling, which is expected to take effect in the coming weeks. While the state currently has no operational abortion clinics, any moves to legalize the procedure would directly impact hospital doctors faced with medical emergencies involving pregnant patients.

District Judge Bruce Romanick articulated that beyond affirming abortion access as a constitutional right, the current law is unconstitutionally vague, impeding fair enforcement. He noted the lack of clarity regarding its limited exceptions, indicating that physicians could face prosecution for their medical judgments if peers disagreed with their decisions.

Dr. Ana Tobiasz, a fetal-maternal specialist based in Bismarck, shared her relief at the ruling during a Zoom news conference. “We have been made to choose between saving a patient’s life and possibly facing jail time,” she stated, emphasizing that the decision liberates medical professionals to prioritize patient health and deliver standard care without fearing legal repercussions.

According to the Center for Reproductive Rights, which has contested the bans in North Dakota, courts in ten other states, including California, Illinois, and Kansas, have similarly recognized state constitutional protections for abortion. It is worth noting that many of these rulings occurred before the U.S. Supreme Court’s 2022 Dobbs decision, which reversed Roe v. Wade and allowed individual states to impose bans on abortion. Following this decision, courts in states like Oklahoma have limited rulings only to situations where a patient’s life is endangered.

A notable reversal occurred just before the Dobbs decision when the Iowa Supreme Court dismissed a previous ruling that recognized abortion rights within the state constitution. Since then, top courts in Florida, Idaho, and Indiana have made similar decisions, limiting state constitutional protections for pre-viability abortions.

North Dakota’s Attorney General Drew Wrigley criticized the judge’s ruling, calling into question its reasoning. He argued that Romanick’s opinion disregards the law, which was carefully crafted by the legislative branch, and does not align with existing case law set forth by the North Dakota Supreme Court.

Historically, North Dakota’s only abortion provider has been the Red River Women’s Clinic, located in Fargo. However, after the Dobbs ruling activated a “trigger” law, the clinic relocated just over the border to Moorhead, Minnesota. Following this move, both the clinic and various healthcare professionals, including Tobiasz, initiated legal proceedings against the state.

Earlier this year, the Republican-controlled North Dakota legislature adjusted the state’s abortion laws, permitting abortions in cases of rape or incest but restricting these procedures to the first six weeks of pregnancy. The revised law allowed for later abortions only under specific medical emergencies, leading to the clinic and doctors filing an amended complaint.

Director of the Red River clinic, Tammi Kromenaker, noted that while reopening a clinic in North Dakota is not currently on the agenda, the recent ruling sparked optimism. “We feel like the court heard our concerns and the physicians in North Dakota’s concerns about a law that we felt went too far,” she stated.

In his 24-page ruling, Judge Romanick referred to the North Dakota Constitution’s guarantees of “inalienable rights,” including life and liberty. He concluded that these rights safeguard women’s autonomy and their capacity to make medical decisions, thereby asserting the right to control their own destinies.

Romanick deemed that the existing abortion laws infringe upon a woman’s fundamental right to reproductive autonomy, lacking the narrow tailoring necessary to promote women’s health or protect unborn life. He expressed that the law, as it stands, undermines a woman’s liberty and right to pursue safety and happiness.

This ruling shares parallels with a 2019 Kansas Supreme Court decision, which also identified abortion access as a fundamental right based on similar constitutional provisions in Kansas. Voters in Kansas reaffirmed this stance in an August 2022 vote and subsequent court rulings have reinforced abortion rights in the state.

In North Dakota, both Supreme Court justices and district court judges are elected through nonpartisan contests. Romanick was elected to his judgeship in 2000 and has maintained his position, although he will not seek reelection this year. He acknowledged that the state’s founders likely would not have recognized abortion access as a right back in 1889. Yet, he highlighted the lack of female representation at that time, stating that women were not regarded as full citizens.

Romanick expressed his hope that by reflecting on the past, society can recognize that the sentiments of history should not dictate the present. “This does not need to continue for all time,” he stated. “The emotions of the past do not have to control our future.”

Source: AP News