Critical Thought

Some are questioning the legal ambiguity in current North Dakota law. Do we need to amend the law or is it compatible with saving a mothers life?

North Dakota lawmakers passed a bipartisan bill in 2007 that would outlaw abortion in the state within 30 days if the U.S. Supreme Court overturned the landmark 1973 Roe v. Wade decision. The high court’s Dobbs v. Jackson ruling in June triggered the 15-year-old legislation.

The clinic, which was North Dakota's lone abortion provider, sued the state in July after Wrigley set off a 30-day countdown by certifying the U.S. Supreme Court’s decision.

In the months that followed, Romanick twice blocked the trigger law a day before it was due to take effect, saying Wrigley's certification was premature. Wrigley has said he acted according to the law.

If the 2007 state law takes effect, it would make performing an abortion a Class C felony, punishable by up to five years in prison and a $10,000 fine. A pregnant woman cannot be penalized for performing an abortion on herself.

Abortions would still be permitted if the mother's life is in danger and in cases of rape or incest, though a medical provider may still have to prove in court the procedure was justified.

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