Abortion Bans

NEAR-TOTAL WITH DELAYED EFFECTIVE DATE ("TRIGGER" BAN)

In 2007, North Dakota enacted a near-total ban on abortion, to become effective if the Supreme Court overturns Roe v. Wade.  The ban prohibits the use of any "substance, device, instrument, medicine, or drug" with the intent to procure an abortion, unless the performance of an abortion is necessary to preserve the woman's life or the pregnancy is caused by rape or incest.  A person who performs a prohibited abortion could be imprisoned for up to five years.  H.B. 1466, 60th Leg. Assem., Reg. Sess. (N.D. 2007) (to be codified at N.D. Cent. Code § 12.1-31).

AFTER 12 WEEKS

North Dakota's unconstitutional and unenforceable ban outlaws abortions performed as early as twelve weeks.  N.D. Cent. Code §§ 14-02.6-01 to -03 (Enacted 1999).

North Dakota's ban is unconstitutional according to the U.S. Supreme Court's decision in Stenberg v. Carhart, 530 U.S. 914 (2000).  In Stenberg, the Court held that a similar ban, which lacked an exception to protect a woman's health and was written so broadly as to ban more than one procedure, placed an undue burden on a woman's right to choose.

North Dakota's unconstitutional law makes the performance of any abortion procedure that falls within a broad definition a felony unless:  (1) in the physician's medical judgment, the measures are necessary to preserve the life of a woman endangered by a physical disorder, illness, or injury; (2) every reasonable precaution is taken to preserve the fetus's life; and (3) the physician first certifies in writing the facts relied upon in making the judgment that such measures are necessary.  This law does not apply to a sharp curettage or suction curettage abortion.  N.D. Cent. Code §§ 14-02.6-01 to -03 (Enacted 1999).

There is also a Federal Abortion Ban, which applies nationwide regardless of state law.  The federal ban prohibits the performance of certain second trimester abortions and does not contain an exception for a woman's health.  In April 2007, the U.S. Supreme Court upheld the ban, making it the first time since Roe v. Wade that the Court has upheld a ban on a previability abortion procedure.  Click here to read more about the Federal Abortion Ban.