A judge has declared North Dakota’s extensive abortion ban invalid on Thursday, permitting the procedure in the predominantly Republican state.

Judge Bruce Romanick from Burleigh County ruled that the abortion law, enacted following the Supreme Court’s decision to overturn Roe v. Wade, contravenes the due process rights protected by the North Dakota Constitution.

“The North Dakota Constitution affirms that every person, including women, has the fundamental right to make medical decisions that impact their bodily integrity, health, and autonomy with the guidance of a chosen health care provider without governmental interference,” Romanick stated in his ruling.

“The justification of protecting unborn life, before viability, does not outweigh a woman’s fundamental right,” he further explained. “Criminalizing abortions before viability is not essential for advancing the state’s objectives regarding women’s health or safeguarding unborn life.”

The previous law prohibited abortions in nearly all situations, permitting them only in instances of rape or incest within six weeks of pregnancy or when the mother’s health was seriously at risk. Medical professionals who violated this law faced up to five years in prison and fines of up to $10,000.

The state’s Attorney General intends to appeal this ruling, and while abortion is now legal in the state, the nearest clinic is still located in Minnesota.

Supporters of abortion rights celebrate a significant victory

The Red River Women’s Clinic, which previously operated in Fargo, North Dakota prior to the ban, initiated the lawsuit that resulted in Thursday’s decision.

“We are thrilled with today’s ruling,” commented Tammi Koremenaker, the clinic Director, during an interview with YSL News. “It brings us hope. It feels like the judge listened to us.”

The clinic has now relocated to Minnesota but is only a short five-minute drive from its previous location in North Dakota.

The North Dakota Democratic-Non-partisan League Party also expressed their pleasure with the ruling, regarding it as a triumph for reproductive rights in the state.

“People in North Dakota should have the freedom to create and nurture their families according to their own choices,” said Adam Goldwyn, Chair of the Democratic-NPL, in a statement. “While this ruling is a step forward for reproductive rights, this ban should not have been enacted in the first place. Our freedoms are still under threat as we approach 2024.”

Opponents of abortion express disappointment with the ruling

“Today, the real victims are the unborn children and their parents, not just political activists,” she stated. “No one truly wins in this situation. Judge Romanick will retire after a long career having made a significant error in this crucial case.”

Republican Attorney General Drew Wrigley, who is named as the lead defendant in the lawsuit brought by the Red River Women’s Clinic, announced plans to appeal, asserting in a statement that “Judge Romanick’s ruling disregards the law established by the legislative branch and overlooks relevant prior case law set by the North Dakota Supreme Court.”

Which states currently have abortion restrictions in the U.S.?

With the exception of North Dakota, there are currently 13 states in the U.S. where abortion is prohibited. These states are Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, South Dakota, Tennessee, Texas, and West Virginia, as per the Kaiser Family Foundation’s findings.

Fernando Cervantes Jr. is a trending news reporter for YSL News. You can  follow him on X @fern_cerv_.