N. Dakota Supreme Court Blocks Abortion Ban; Says Constitution Protects Procedure – The New York Times

In a landmark decision, the North Dakota Supreme Court on Wednesday blocked a law that sought to restrict abortion rights by banning the procedure as early as six weeks into a pregnancy. The court ruled that the state’s constitution protects abortion rights and declared the law unconstitutional.

The ruling marked a major victory for abortion rights advocates in North Dakota, who had argued that the law, which had been set to take effect on August 1, violated the state constitution.

The court found that the law, which would have banned abortion as early as six weeks into a pregnancy, was in violation of the North Dakota Constitution’s guarantee of the right to privacy and freedom of choice. The court determined that “the state’s interest in protecting fetal life cannot outweigh the constitutional rights of a pregnant woman to choose to terminate her pregnancy through an abortion.”

The ruling is a blow to opponents of abortion rights, who had hoped to use the case to challenge the Supreme Court’s 1973 decision in Roe v. Wade, which established a nationwide right to abortion.

The ruling is likely to be appealed to the U.S. Supreme Court, where the fate of the law will be decided. However, the North Dakota ruling is likely to be viewed as a major victory for abortion rights advocates, who have seen their rights increasingly challenged in recent years.

In its ruling, the North Dakota Supreme Court determined that the state’s interest in protecting fetal life does not outweigh the constitutional rights of a pregnant woman to terminate her pregnancy. The court further held that the law’s ban on abortion was unconstitutional because it violated the state’s guarantee of the right to privacy and freedom of choice.

The ruling is a major victory for abortion rights advocates in North Dakota and around the nation, who have seen their rights increasingly challenged in recent years. While the state law may be challenged in higher courts, the North Dakota Supreme Court’s decision is a significant step forward for those seeking to protect and expand access to abortion services.