Abortion is illegal again in North Dakota after Supreme Court upholds ban
Abortion has been reinstated as illegal in North Dakota after the state's Supreme Court failed to secure the necessary majority to uphold a judge’s decision that had struck down the ban last year.
Performing an abortion is now a felony crime, though patients are specifically protected from prosecution. Doctors found in violation could face up to five years in prison and a $10,000 fine.
The court's five justices were divided, with three agreeing the ban was unconstitutionally vague under the state constitution, while two deemed the law constitutional. North Dakota's constitution mandates that at least four of the five justices must concur for a law to be declared unconstitutional – a stringent requirement that ultimately prevented the lower court's ruling from being affirmed.
The court's five justices were divided, with three agreeing the ban was unconstitutionally vague under the state constitution, while two deemed the law constitutional. (AP Photo/Jack Dura)..
