In a 3-2 ruling on Friday, the North Dakota Supreme Court reinstated a near-total abortion ban with limited exceptions, deeming that it adhered to the state's constitution. The law was first instituted through a trigger ban after the 2022 overturn of Roe v. Wade, with the United States Supreme Court decision on Dobbs v. Jackson Women's Health. In 2023, the North Dakota legislature repealed the trigger ban, passing another bill that mirrored the ban with exceptions for the life and health of the mother, and within the first six weeks of pregnancy in cases of rape or incest. Former governor of the state, Secretary of the Interior Doug Burghum, signed that bill into law in 2023, but in 2024, a lower court overturned it. The North Dakota Attorney General Drew H. Wrigley chose to appeal the decision, which resulted in Friday's reinstatement of the law.
The North Dakota Supreme Court reinstated a near-total abortion ban on Friday, reversing a judge’s earlier decision and making abortion once again illegal in the state.
In North Dakota, it will now be a felony for doctors to perform abortions, except to protect a pregnant woman’s life or health, or in the case of rape or incest in the first six weeks of pregnancy. Patients are protected from prosecution, but doctors who violate the ban could face up to five years in prison and a $10,000 fine.
Twelve other states in the U.S. have similar or more restrictive bans on abortion.
Under the reinstated law, any medical practitioner who performs an abortion can be charged with a felony and face up to five years in prison, along with a $10,000 fine.
Ana Tobiasz, a doctor of maternal-fetal medicine in Bismarck, N.D., and a plaintiff in the case, said most medical providers in the state were fearful of repercussions even when the abortion ban had been halted in 2024. She expects to see more effects on care under this ban, which she says makes it hard to interpret when medical exceptions are, and aren’t, permitted.
“It is extremely confusing,” she said. “What I foresee is people going back to being fearful of, ‘Is this actually going to meet the exception?’”
In Friday’s close ruling, three justices agreed the abortion ban was unconstitutionally vague when it came to medical exceptions. But state law requires four of five justices to agree in order for a law to be found unconstitutional.
State Sen. Janne Myrdal (R-ND19), who introduced the 2023 legislation that became the anti-abortion law, told a local news outlet that she is:
[T]hrilled and grateful that two justices that are highly respected saw the truth of the matter, that this is fully constitutional for the mother and for the unborn child and thereafter for that sake.
North Dakota Attorney General Drew Wrigley also praised the decision.
The Supreme Court has upheld this important pro-life legislation, enacted by the people’s Legislature. The Attorney General’s office has the solemn responsibility of defending the laws of North Dakota, and today those laws have been upheld.
The organizations that stand for Life are also rejoicing at this victory.
VICTORY: North Dakota’s State Supreme Court has allowed the state’s pro-life law to go back into effect after reversing the decision from the lower court, making abortion illegal again and protecting babies once more!
— Students for Life of America | Pro-Life Gen (@StudentsforLife) November 22, 2025
While the death merchants are weeping and gnashing their teeth.
Dredging up laws from the Dark Ages, North Dakota’s Supreme Court sets back the right of women in that state to make decisions about their own bodies, also preventing doctors from making the best decisions for patients. Justice denied! https://t.co/RioZ6bl7oP pic.twitter.com/9uIGiTM1e3
— NY Women for Action (@NYWomen4Action) November 22, 2025
After the 2022 Dobbs decision, the Red River Women’s Clinic, which was the state's sole abortion provider and also a plaintiff in the action, moved their offices across the state's border to Minnesota.
The pro-life presence in North Dakota remains strong, with pregnancy resource centers, maternity homes, and educational arms in the three major cities of Bismarck, Fargo, and Grand Forks, as well as outlying areas. Organizations like North Dakota Right to Life, Lutherans for Life, North Dakota Family Alliance, and McKenzie County Right to Life, which touts itself as the oldest and largest pro-life organization in Western North Dakota, are resident within the state and available 24/7 to provide education, resources, and pregnancy housing and other assistance. This ruling not only benefits but also strengthens the pro-life efforts to help women and protect the lives of the unborn.
Editor’s Note: Do you enjoy RedState’s conservative reporting that takes on the radical left and woke media? Support our work so that we can continue to bring you the truth.
Join RedState VIP and use the promo code FIGHT to get 60% off your VIP membership!
Join the conversation as a VIP Member