Tuesday, April 25, 2023

North Dakota Governor Signs New Abortion Ban That Has Limited Exceptions

Yesterday, North Dakota Governor Doug Burgum signed SB 2150 (full text) into law. The new law bars abortions except when it was intended to prevent the pregnant female's death or a serious physical health risk. The law also permits abortions during the first 6 weeks of pregnancy if the pregnancy resulted from gross sexual imposition, sexual imposition, sexual abuse of a ward, or incest. AP reports on the new law, saying in part:

The North Dakota law is designed to take effect immediately, but last month the state Supreme Court ruled a previous ban is to remain blocked while a lawsuit over its constitutionality proceeds. Last week, lawmakers said they intended to pass the latest bill as a message to the state’s high court signaling that the people of North Dakota want to restrict abortion.

In its decision last month, the state Supreme Court concluded that the absence of an exception in the abortion ban for preserving the health of the mother is a critical defect in the state's prior abortion ban.  The new law is presumably designed to respond to that concern.