North Dakota Solicitor General Philip Axt, right, argues on behalf of the state before the North Dakota Supreme Court. (Kyle Martin/For the North Dakota Monitor)
(North Dakota Monitor) – In a majority opinion by Justice Daniel Crothers, the court appeared skeptical of several of the state’s core arguments defending the law, hinting that it may side with plaintiffs in its final ruling. North Dakota sets a high bar for declaring laws unconstitutional, requiring the vote of four of five Supreme Court justices.
Justices Lisa Fair McEvers and Daniel Narum, sitting in for Justice Douglas Bahr, joined Crothers in the majority opinion. Chief Justice Jon Jensen and Justice Jerod Tufte dissented.
The ban, signed into law by Gov. Doug Burgum in April 2023, made abortion illegal in all cases except rape or incest if the mother has been pregnant for less than six weeks, or when the pregnancy poses a serious physical health threat. The serious health risk threat does not include psychological conditions.
A group of reproductive health care doctors and an abortion clinic challenged the law in 2023, arguing it infringes on individual rights and puts health care providers in danger by not making it clear when an abortion may be performed for health reasons.
