The North Dakota Supreme Court has ruled that the state’s constitution protects the right of women to obtain an abortion when it is needed to preserve their life or health. The ruling challenged a 2007 state trigger law that banned abortions if the US Supreme Court overturned Roe v. Wade. The law provides an affirmative defense for those who perform abortions needed to prevent the death of a pregnant woman but not for abortions needed to protect the woman’s health.
The decision, handed down on March 16, affirms the importance of women’s health and access to safe and legal abortion services. The Red River Women’s Clinic brought the case, which challenged the North Dakota law because it violated women’s constitutional rights.
The North Dakota Supreme Court cited Article 1, Section 1 of the state constitution, which provides that all individuals have certain inalienable rights, including “enjoying and defending life and liberty” and “pursuing and obtaining safety and happiness.” The court held that these rights implicitly include the right to obtain an abortion to preserve the woman’s life or health.
The court also noted that North Dakota’s “history and traditions” supported an exception for life and health. The ruling leaves a preliminary injunction barring enforcement of the abortion ban during the litigation.
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According to a press release, the Red River Women’s Clinic and its medical director are represented by the Center for Reproductive Rights, Weil, Gotshal & Manges, and Sambor Goetz. The case is Wrigley v. Romanick.
The ruling comes amid a wave of state-level restrictions on abortion rights, including several trigger laws like the one challenged in North Dakota. The laws are designed to take effect automatically if the Supreme Court were to overturn Roe v. Wade, the landmark 1973 decision that established a woman’s right to choose to have an abortion.
Two other top state courts have ruled on state constitutional provisions in abortion cases, according to The New York Times. South Carolina found protection, while Idaho did not. A third state, Montana, upheld an injunction temporarily blocking a 20-week abortion ban.
The North Dakota ruling is a significant victory for reproductive rights advocates, who have been fighting to protect access to abortion services nationwide. The decision reaffirms the constitutional right to choose and underscores the importance of ensuring women access safe and legal abortion services.
The ruling also highlights the importance of state-level protections for reproductive rights, as well as the role of state courts in interpreting and enforcing those protections. With the future of Roe v. Wade uncertain, more states will likely be called upon to defend their constitutional provisions on abortion rights in the years to come.
The North Dakota Supreme Court’s recent ruling reaffirming the constitutional right of women to obtain an abortion when it is necessary to preserve their life or health is a significant victory for reproductive rights advocates. The decision underscores the importance of ensuring that women have access to safe and legal abortion services, and it highlights the crucial role of state-level protections for reproductive rights. With the future of Roe v. Wade uncertain, the North Dakota ruling serves as a reminder that state courts may be called upon to defend their constitutional provisions on abortion rights in the years to come.