State Supreme Court to hear abortion ban arguments Tuesday
Mar 21, 2025
BISMARCK, ND (KXNET) — On Tuesday, March 25, the North Dakota Supreme Court will hear arguments over whether to keep the state's total abortion ban blocked.
A state court struck down North Dakota's total abortion ban last year, a decision the State then appealed to the high court.
The plain
tiffs, represented by the Center for Reproductive Rights, Weil, Gotshal & Manges LLP, Gender Justice, and Sambor Law & Consulting, P.C., argue that the exceptions listed in the ban are too narrow and violate the state's constitutional guarantee of the fundamental right to obtain abortions to preserve life or health.
In March 2023, the North Dakota Supreme Court blocked the state's "trigger ban," ruling that North Dakotans have a right to get an abortion if one is needed to preserve their health or life. A month later, lawmakers passed a similar total abortion ban, which was challenged by the Center for Reproductive rights.
Congresswoman Fedorchak to hold telephone town hall Tuesday
Healthcare providers in the case argue the language in the ban is unclear on how sick or near-death a patient has to be before a doctor can intervene, or whether an abortion is allowed when the fetus has a fatal condition. They also argue the bill has confusing language in its sex offenses exception, which is limited to the first six weeks of pregnancy and would require physicians to determine whether a sex offense has occurred before being able to provide an abortion.
Judge Bruce Romanick struck down the ban in September 2024, saying that the state’s constitution protects a woman's right to procreative autonomy. Judge Romanick said this includes getting a pre-viability abortion. The state's appeal of this decision is what the North Dakota Supreme Court will be hearing next week.
According to the Center, because of the abortion ban, there are no more clinics remaining in the state, making abortion care largely inaccessible outside of hospitals, even though abortion is legal while the case goes on. They say that the lower court’s decision to strike the ban down may make it possible to rebuild abortion access throughout the state.
The hearing will be March 25, 2025 at 10:00 a.m. CDT at the North Dakota Supreme Court, and will also be livestreamed on the Court's website.
Close
Thanks for signing up!
Watch for us in your inbox.
Subscribe Now
Today's Top Stories
SIGN UP NOW
...read more read less