A state judge American of North Dakota canceled on Thursday September 12, 2024 the law banning almost all abortions there, on the grounds that it was “too vague” and violated the fundamental rights of women.
The Republican governor of this northern state, Doug Burgum, signed this law into law in April 2023, prohibiting abortion under penalty of five years in prison for doctors, with rare exceptions, notably in cases of serious risks to the health of the mother, rape or incest. But in these last two hypotheses, it is prohibited beyond six weeks of pregnancy.
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“The North Dakota Constitution guarantees each individual, including women, the fundamental right to make medical judgments affecting his or her bodily integrity, health, and autonomy, in consultation with a chosen health care provider free from government interference.”
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— Center for Reproductive Rights (@ReproRights) September 12, 2024
This conservative state of some 800,000 inhabitants is one of the twenty which has banned or very strictly restricted the voluntary termination of pregnancy (abortion) following the decision of the Supreme Court of June 2022 canceling the federal guarantee of the right to abortion. ‘abortion. Through this reversal of half a century of jurisprudence, the Supreme Court has given states full latitude to legislate in this area.
Bitter victory
Judge Bruce Romanick strikes down North Dakota law on grounds that it is “unconstitutionally vague” and that “Pregnant women in North Dakota have a fundamental right to choose to have an abortion before viability” (of the fetus, Editor’s note) by virtue of the protections granted to all citizens by the Constitution of this State.
The Center for Reproductive Rights welcomed in a statement “a victory for reproductive rights that means it is much safer to be pregnant in North Dakota”but stressed that the “damage caused by the ban cannot be repaired overnight”.
The last abortion clinic still operating in this state has moved to neighboring Minnesota.
