Constitutional Right to Abortion in North Dakota

On March 16, 2023, the North Dakota Supreme Court upheld a ruling of the District Court enjoining a state law banning abortion with limited exceptions to save the life of the mother or in cases of rape or incest, finding that the North Dakota constitution contains a fundamental right to abortion in order to preserve the life and health of the mother. Chief Justice Jensen wrote in the ruling "While the regulation of abortion is within the authority of the legislature under the North Dakota Constitution, RRWC has demonstrated likely success on the merits that there is a fundamental right to an abortion in the limited instances of life-saving and health-preserving circumstances, and the statute is not narrowly tailored to satisfy strict scrutiny." The North Dakota law, N.D.C.C. § 12.1-31-12, which triggered upon the repeal of Roe v. Wade, will remain blocked as the legal challenge in the District Court continues.

As new developments arise, we will continue to update our Dobbs Decision Resource Center.  In the meantime, please contact one of the lawyers in Shipman’s Health Law practice group if you have questions about this ever-changing legal landscape.