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Abortion is illegal again in North Dakota after court reverses a judge’s earlier decision

The state Supreme Court's 3-2 split ruling means abortion is a felony in North Dakota with penalties up to five years in prison and $10,000 fines for doctors, while patients are protected.

  • On Friday, the North Dakota Supreme Court left the 2023 abortion ban in force after failing to secure the four-justice supermajority, making abortion illegal and allowing prosecution of providers.
  • The Red River Women's Clinic and doctors sued after Burleigh County District Court Judge Bruce Romanick ruled the 2023 abortion ban unconstitutional, and the State of North Dakota appealed and sought reinstatement during the appeal.
  • Justice Daniel Crothers, North Dakota Supreme Court, warned the law's vagueness risks criminalizing providers acting on an 'honest but mistaken belief,' leading three justices to find it unconstitutionally vague.
  • With the law in place, patients seeking abortion care in North Dakota face outlawed access after the clinic moved in 2022, joining 12 other U.S. states enforcing bans.
  • Because the North Dakota Supreme Court requires four of five justices to declare a law unconstitutional, the split left the district-court judgment reversed, with Tufte stating the law 'provides fair warning to a reasonable person about what conduct is prohibited.
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Abortion is illegal again in North Dakota after the state's Supreme Court overturned a lower court decision on Friday, allowing an almost total ban to enter into force.]]>

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U.S. News broke the news in New York, United States on Friday, November 21, 2025.
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