North Dakota’s latest attempt at abortion ban likely to face lawsuit

Debbie Jeffreys of Metairie, Louisiana, holds a sign during nationwide demonstrations after the Supreme Court’s leaked advisory opinion raised the possibility of the Roe v. Wade suggests, at Duncan Plaza in New Orleans, Louisiana, U.S., May 14, 2022. Photo by Kathleen Flynn/REUTERS

North Dakota is the latest state to ban abortion in most cases — again.

Gov. Doug Burgum on Monday signed a ban with narrow exceptions: Abortion is legal in pregnancies caused by rape or incest, but only in the first six weeks of pregnancy. Abortions later in pregnancy are only allowed in certain medical emergencies.

The law is intended to replace a previous ban, which will not be enforced while a state court weighs its constitutionality.

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Ten months after the US Supreme Court ruled Roe v. Wade and a statewide abortion law, actions by lawmakers and courts — and the interactions between them — continue to cause confusion.

Here’s a look at what is and isn’t known about where North Dakota’s abortion policy stands and where it falls on the national landscape.

What are the laws of North Dakota?

The state passed a “trigger law” in 2007 to ban abortions if Roe was knocked over.

But shortly after last year’s decision by Dobbs v. Jackson Women’s Health did just that, a judge said the blanket abortion ban could not be enforced while courts were deciding whether it was consistent with the state constitution. In March, the state Supreme Court put the execution on hold.

Thus, an abortion ban remained in place after 22 weeks of pregnancy.

But in the sparsely populated federal state, the effects of a policy change are muted. Until Dobbs, the state only had one abortion clinic. Following the verdict, the clinic moved from Fargo to nearby Moorhead, Minnesota.

The state averaged about 75 abortions per month in the first half of 2022. However, since the only clinic left the state, the state Department of Health said there had been no “reportable” abortions.

What’s next?

While the sponsor of the recent ban and critical advocates say the law is now in effect, the attorney general was unavailable Tuesday to comment on how and when the state would enforce the new law.

The director of the Red River Women’s Clinic, who sued over the previous ban, said lawyers for the center for reproductive rights are reviewing the new one and are considering challenging it in court as well.

The director, Tammi Kromenaker, said in a message to The Associated Press that the new law will make patients “wonder if they are doing something criminal by accessing health care.” No patient should be confronted with this feeling.”

In a statement Tuesday, the director of the Center for Reproductive Rights, Elisabeth Smith, hinted that there could be grounds for challenging the new law.

“North Dakota legislators are attempting to circumvent the state constitution and court system with this total ban,” Smith said. “They are simply trying to repackage a ban that the North Dakota Supreme Court recently said likely violates the basic rights of North Dakotans under the state constitution.”

How does it compare to other states?

Thirteen other states ban abortion at all stages of pregnancy. These are Alabama, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, South Dakota, Tennessee, Texas, West Virginia and Wisconsin.

Four other states have bans during pregnancy that block enforcement by courts.

Most of these bans were enacted in anticipation of Roe’s repeal, and most have no exceptions for rape or incest.

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Exceptions were a major bone of contention in Indiana and West Virginia statutes. They are now under scrutiny in Louisiana and have been added to a new, more restrictive ban in Florida.

The idea of ​​trying again after a court blocks enforcement isn’t unique to North Dakota. Republicans, who control South Carolina’s legislature, are at odds over what kind of ban to impose after the state’s top court blocked one in January.

What actions have other legislators taken?

Since Dobbs was adopted, some of the biggest state-level abortion debates have been not about whether to allow abortion, but about related policies.

In Wyoming, abortion pills were specifically banned in March. This month the Idaho legislature barred an adult from assisting a minor with an abortion without parental consent.

The Democratic governor in Kansas has vetoed measures to fund anti-abortion centers and has required clinics to tell patients that a medical abortion can be reversed with a regime opposed by major US medical groups.

Some Democrat-controlled states, including Colorado, Minnesota and Oregon, are moving in the opposite direction: They are enacting or considering measures to protect people traveling from states where abortion is illegal to have an abortion — and who Doctors and others who help.

Are the policy changes creating confusion?

There is some evidence that they do.

A new report by abortion access groups used researchers posing as patients to ask Oklahoma hospitals about guidelines for emergency obstetric care.

The groups — Physicians for Human Rights, Oklahoma Call for Reproductive Justice, and the Center for Reproductive Rights — said none of the nearly three dozen hospitals they contacted could outline a clear, consistent policy on the decision-making process for abortions, which are necessary to save the life of the woman.

Left:
Debbie Jeffreys of Metairie, Louisiana, holds a sign during nationwide demonstrations after the Supreme Court’s leaked advisory opinion raised the possibility of the Roe v. Wade suggests, at Duncan Plaza in New Orleans, Louisiana, U.S., May 14, 2022. Photo by Kathleen Flynn/REUTERS