Tribune editorial: Abortion ruling likely means changes in law
A district judge's recent decision to strike down the state's abortion ban surprised many, but the ruling is likely to be overturned on appeal by the North Dakota Supreme Court.
South Central District Judge Bruce Romanick ruled the law "unconstitutionally void for vagueness." He also said the law wasn't clear on how its limited exceptions apply, leaving doctors unsure when they can be prosecuted.
Courts in 10 other states have ruled their state constitutions protect access to abortions.
Attorney General Drew Wrigley has promised to appeal the decision to the state Supreme Court, arguing that Romanick's ruling includes "flaws in his analysis." It's likely the high court will overturn Romanick's ruling.
If it doesn't, the Legislature convenes in January and it's almost certain legislators would seek a way to impose an abortion ban. Legislators have worked for years to limit or ban abortion in North Dakota.
The U.S. Supreme Court's Dobbs decision in 2022 that overruled Roe v. Wade allowed states to ban abortion. North Dakota's ban drove the only abortion clinic out of the state - the Red River Women's Clinic in Fargo moved to Moorhead, Minnesota. Clinic Director Tammi Kromenaker said there are no plans to return to North Dakota.
After the U.S. Supreme Court's decision the clinic and a number of doctors sued the state. Romanick's ruling is another example of how the reversal of Roe v. Wade hasn't ended the abortion debate in the nation.
The state Legislature in 2023 revised the state's abortion laws, making abortion legal in pregnancies caused by rape or incest, but only in the first six weeks of pregnancy. Women often don't know they're pregnant in the first six weeks. Under the revised law, abortion was allowed later in pregnancy only in specific medical emergencies.
Critics of the law argued it was uncertain when medical emergencies allowed abortion and when medical personnel were liable under the law.
While legislators argue the law is clear, the Tribune Editorial Board believes it needs to be clarified. When the state Supreme Court might rule remains uncertain. It's likely the Legislature will tweak the law after it convenes in January.
For some opponents of abortion, an attempt at vagueness is likely intentional - if doctors are uncertain, they are likely not to perform an abortion. But women, girls and medical professionals shouldn't be kept in limbo.
The ongoing debate over abortion won't go away. There are some who oppose abortion under any circumstances. So far the Legislature has been willing to adopt exceptions, which the Tribune supports. If legislators rework the abortion law, they need to make it clearer, so everyone knows where they stand.
