A judge strikes down North Dakota's abortion ban and rules that access is protected

BISMARCK, N.D. (AP) — A state judge struck down North Dakota's abortion ban Thursday, declaring that broad guarantees of personal liberty in the constitution of his conservative, Republican-dominated state create a fundamental right to abortion before a fetus is viable.

The state's GOP attorney general promised to appeal the decision, which would take effect within a few weeks. North Dakota no longer has any abortion clinics, but legalizing abortion again would affect doctors in hospitals who believe an abortion is necessary when a pregnant patient faces a medical emergency.

Besides ruling that the state constitution protects abortion access, District Judge Bruce Romanick also said that the law is unconstitutional because it is too vague to be enforced fairly. He agreed with critics who said the law wasn't clear how its limited exceptions applied — allowing doctors to be prosecuted if other colleagues later disagreed with their medical decisions.

“We have been made to choose between saving a patient’s life and possibly facing jail time,” Dr. Ana Tobiasz, a fetal-maternal medicine specialist in the state capital of Bismarck, said during a Zoom news conference. “We are finally free to put our patients' health first and offer patients the standard of care without fear of facing criminal prosecution.”