North Dakota’s new abortion laws are now among the most draconian in the US.
Reaffirming North Dakota “as a pro-life state,” its Republican governor Doug Burgum signed an abortion ban at six weeks of pregnancy into law yesterday (April 24).
While pro-life activists are celebrating the decision, critics are worried about the sweeping negative consequences on the lives of girls and women. The window is exceptionally narrow, given that most women only find out they’re pregnant between four and seven weeks after their last menstrual period.
According to its text, the law goes into effect immediately. But in reality, it will be on hold, owing to an injunction from North Dakota’s Supreme Court, which is currently considering a petition over the law’s constitutionality. Last week, lawmakers said they planned to pass the bill just to send a message to the court about the people of North Dakota wanting to restrict abortion.
One small number: Abortion clinics in North Dakota
0: The number of abortion clinics in North Dakota. It is one of 14 US states that don’t have abortion providers. The state’s sole facility, the Red River Women’s Clinic (RRWC), shut its doors in Fargo and relocated a short distance across the border to Moorhead, Minnesota, last summer. RRWC is pursuing a lawsuit arguing that the state’s constitution protects the right to an abortion. The North Dakota Supreme Court has blocked the abortion ban until a verdict is reached.
A brief timeline of abortion access in North Dakota
2007: The state legislature approves North Dakota’s trigger ban, which makes it a felony for anyone to perform an abortion.
2013: North Dakota approves the most restrictive “heartbeat” abortion law in the US—a measure banning the procedure in most cases once a fetal heartbeat can be detected, which typically happens as early as six weeks. A second bill that bans abortions on the grounds of sex-selection or genetic abnormalities is also signed into law.
June 2022: The US Supreme Court overturns Roe v Wade, the 1973 decision that legalized abortion in the country. It triggers multiple state laws banning or restricting the procedure.
July 2022: RRWC launches a lawsuit arguing that the North Dakota state constitution protects the right to an abortion. A district court puts the trigger ban, which is supposed to go into effect on Aug. 26, on hold.
February 2023: Democratic governors in 20 states launch a network to protect and expand abortion access.
March 2023: The state’s Supreme Court upholds the lower court’s temporary block of the trigger law.
April 2023: Governor Burgum signs into law an abortion ban after six weeks except in cases of rape or incest, or to save the life of the mother in cases of, say, ectopic or molar pregnancies. Any of these exceptions would have to be proven in court.
Mapped: Abortion policies across the US...if North Dakota’s six-week ban is enacted
Quotable: Backlash for North Dakota’s abortion ban
“I don’t think women in North Dakota are going to accept this, and there will be action in the future to get our rights back. Our Legislature is overwhelmingly pro-pregnancy, but I think women in the state would like to make their own decisions.” —Liz Conmy, a Democratic member of North Dakota’s House of Representatives
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