North Dakota's latest abortion ban, signed into law in April 2023, has been met with legal challenges. A judge initially struck down the law, but the state Supreme Court granted a stay, allowing the ban to be enforced while the legal battle continues.
North Dakota became the latest state to ban abortion in most cases on April 24th, 2023, when Governor Doug Burgum signed the restrictive legislation into law. This marks another chapter in the ongoing battle over abortion rights in the United States, following the Supreme Court 's overturning of Roe v. Wade in June 2022. The newly enacted ban in North Dakota is narrow in its exceptions: abortion is permitted in pregnancies resulting from rape or incest, but only within the first six weeks.
Additionally, abortions may be allowed later in pregnancy in specific medical emergencies. The legality of this ban has been challenged in court. A judge initially struck down the law in September 2023, citing constitutional concerns. However, the state appealed this decision, and the North Dakota Supreme Court ultimately granted a stay, allowing the ban to be enforced pending further legal proceedings. This means that for now, abortion access in North Dakota is severely limited.The only scenarios where North Dakotans can currently obtain an abortion within the state are for life- or health-preserving reasons at a hospital. The plaintiffs who originally challenged the ban argued that preventing its enforcement was crucial for patients experiencing pregnancy complications, as their access to necessary medical care could be delayed due to the law. The Center for Reproductive Rights, representing the abortion clinic and physicians who challenged the law, opposed the enforcement of the overturned ban, emphasizing the dangers posed by restricting abortion access. Attorney General Drew Wrigley, on the other hand, stated that the court's decision on the stay motion did not address the constitutional validity of the law and that North Dakota would continue to pursue its case before the state Supreme Court. The attorney general aims to establish the constitutionality of the law passed by the state legislature.
ABORATION RIGHTS NORTH DAKOTA LEGAL CHALLENGES SUPREME COURT REPUBLICAN LEGISLATURE
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