A near-total ban on abortion has taken effect in North Dakota after the state’s Supreme Court reinstated a law previously blocked by a lower court. In a finely balanced decision delivered on 28 November, three of the five justices found the statute unconstitutional, but the state requires a supermajority of four to strike down legislation. As a result, the ruling of Judge Bruce Romanick, who halted the law in 2024, has been overturned and the ban now stands.
The law, passed in 2023, makes it a felony to perform an abortion and carries penalties of up to five years in prison and a fine of $10,000 (£7,600). It permits abortion only to save the life of the mother, or to avert a serious health risk. Exemptions for rape or incest are permitted solely within the first six weeks of pregnancy.
