North Dakota just adopted one of the strictest abortion bans in the country.
The law, signed by Republican Gov. Doug Burgum on Monday, makes it a felony to perform an abortion with very narrow exceptions: in cases of rape or incest, a patient may obtain one during the first six weeks of pregnancy (before most people know they’re pregnant); and in cases where the life of the pregnant person is at risk or they would face serious health consequences.
The law stands in defiance of the North Dakota Supreme Court’s March ruling refusing to reinstate a separate abortion ban that was triggered after the US Supreme Court overturned Roe v. Wade last year. That state ruling is temporary, but in a sign of how it may ultimately rule, the court said that abortion access is protected by the state constitution.
The law is also coming at a time when the national Republican party is struggling to chart a path forward on abortion messaging following an unexpectedly poor performance in the midterms and the defeat of anti-abortion ballot measures even in red states last year.
The new ban leaves North Dakotans with practically no option but to carry their pregnancy to term or seek care elsewhere if they can afford to do so, especially given that there are no remaining abortion clinics in the state. The law could also potentially have a chilling effect on doctors who face the now very risky decision to perform an abortion in medical emergencies, raising the stakes to potential prison time if they make the wrong call. That’s been a concern in other states, including Texas, where several women have asked a court to clarify when an abortion can be considered medically necessary to fulfill an exception in the state’s abortion ban.
Katie Christensen, North Dakota state director of external affairs for Planned Parenthood North Dakota Action Fund, said that the new North Dakota ban was “likely unconstitutional.”
“Abortion is essential health care, and politicians have no…
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