North Dakota Supreme Court Reinstates Abortion Ban After Split Decision Leaves Law Intact
The state’s near-total abortion ban returns into effect following a Supreme Court decision based on constitutional vote requirements.
North Dakota’s near-total abortion ban is back in force after the state’s Supreme Court reversed a lower court ruling due to a procedural requirement in the state constitution. The decision returns the 2023 law into effect after more than a year of legal suspension, marking a significant update in the ongoing litigation surrounding reproductive healthcare regulation in the state.
The ruling came as the court concluded that although three justices supported the lower court’s finding that the law violated the state constitution, four votes are required to formally declare a state law unconstitutional. Because the threshold was not met, the lower court’s ruling was reversed automatically under constitutional rules governing judicial review.
The law prohibits most abortion procedures in North Dakota while allowing limited exceptions. These include cases involving serious threats to the life or health of the patient, as well as instances of rape or incest during the first six weeks of pregnancy. The statute classifies most abortion procedures as felony offenses for medical providers.
The legal challenge began in 2022, when abortion providers contested an earlier version of the ban that was designed to take effect after the federal Supreme Court ruling that returned abortion policy decisions to the states. A district judge issued a temporary block on that earlier law, and the state legislature later enacted the updated 2023 statute now under review.
The providers again challenged the newer law, arguing that the state constitution protects access to abortion prior to fetal viability. The district court supported this argument in 2024, but the state appealed, leading to the Supreme Court review and the reversal based on the voting requirement.
In its decision, the majority noted that portions of the law concerning medical exceptions could be interpreted as unclear. However, a separate opinion from two justices stated that the legal guidance provided in the statute was adequate for medical professionals to follow. Because of the divided interpretations, no majority position reached the required four-justice threshold to fully strike down the law.
North Dakota has not had an in-state abortion clinic since 2022, when a provider relocated operations to neighboring Minnesota following the legislative changes. With the law reinstated, providers and state officials continue evaluating next steps as the broader legal and policy discussions proceed under state jurisdiction.
