ND Supreme Court Doesn’t Allow Pro-Life Law To Take Effect

For Immediate Release: March 17, 2023
Contact: Kelsey Pritchard, [email protected]

AG Wrigley: Court Assuming the Role of a Legislative Body

BISMARCK, N.D. – North Dakota’s law that protects unborn children and their mothers throughout pregnancy remains blocked following yesterday’s decision from the state Supreme Court. The judges have yet to determine whether the bipartisan, pre-Dobbs law that defends babies at conception and includes a life of the mother provision will stand.

In their ruling, justices acknowledge the court determined there was no fundamental right to abortion in the state constitution in a 2014 decision. Yet, the justices left the injunction in place citing other arguments that have a chance to succeed during arguments on the merits.

In a statement, North Dakota Attorney General Drew Wrigley said the court chose a path of its very own in this decision by claiming an undefined health exception to abortion regulation:

“Our Supreme Court did this without explicit support from our state Constitution, and without support from legislative enactments in our history of abortion regulation. In so doing, North Dakota’s Supreme Court appears to have taken on the role of a legislative body, a role our constitution does not afford them.”

SBA Pro-Life America’s State Policy Director Katie Daniel shared her reaction:

“It is disappointing the North Dakota Supreme Court would not allow the state’s lifesaving law to go into effect today. North Dakota is a pro-life state, and the will of the people to protect unborn children who have a heartbeat and can feel pain is clear. We are grateful, however, for the timing of the decision which will allow lawmakers to act this legislative session. We look forward to working with pro-life leaders to establish strong protections and passing a law to protect babies and mothers that the Supreme Court will accept based on their own language.”

According to AG Wrigley, North Dakota legislators are currently working on legislation to protect life and address the ruling from the Court.

Susan B. Anthony Pro-Life America is a network of more than one million pro-life Americans nationwide, dedicated to ending abortion by electing national leaders and advocating for laws that save lives, with a special calling to promote pro-life women leaders.


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