ND Supreme Court Blocks Abortion Ban

N Dakota Supreme Court Blocks Abortion Ban: Says Constitution Protects Procedure 

North Dakota’s Supreme Court upheld a lower court’s decision to block a ban on abortions in the state, and said the state Constitution protects abortion rights in some situations.

The ruling means abortion in the state remains legal until nearly 22 weeks after a women’s last period, while the case proceeds in a lower court.

Though the state Supreme Court’s decision is not the final word on the matter, it is notable for its analysis of the state Constitution. The court went beyond the narrow question it was asked: whether the lower court judge had overstepped his power in blocking the ban.

In a majority opinion, the ruling said that judge was within his rights but added that the state Constitution protects “the right to enjoy and defend life and a right to pursue and obtain safety,” which includes the right of a pregnant woman to “obtain an abortion to preserve her life or her health.” ***

So far, two state Supreme Courts have made final decisions, and they were split: South Carolina ruled abortion was included in its constitutional protections; Idaho ruled its Constitution did not protect the procedure.