A North Dakota law prohibiting nearly all abortions is back on the books just over a year after it was struck down, following a state supreme court ruling Friday.
While three of the court’s five justices agreed to uphold a district court judge’s September 2024 order declaring the law “unconstitutionally void for vagueness,” North Dakota requires at least four justices to agree in order for a state law to be deemed unconstitutional, The Associated Press (AP) reported.
While the law in question had been deemed “void for vagueness” for over a year, the state has not had a facility able to perform legal abortions since 2022, Reuters reported.
All three of the justices who opted to uphold the ruling striking down the law were appointed to the bench by Republican governors. North Dakota has not had a Democratic governor since 1992.
North Dakota is now one of 13 states in which abortion is restricted at all stages of pregnancy, according to AP. All of the states voted for President Donald Trump by double-digit margins in the 2024 presidential election.
“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,” Republican North Dakota Attorney General Drew Wrigley said in a statement.
Former Republican North Dakota Gov. Doug Burgum signed the law prohibiting nearly all abortions in the state in April 2023. The law leaves exceptions for rape, incest, and medical emergency during the first six weeks of pregnancy.
Burgum currently serves as the Secretary of the Interior in the Trump administration. He was previously on the shortlist to become Trump’s 2024 running mate, a position which ultimately went to now-Vice President JD Vance.
Republican North Dakota state Sen. Janne Myrdal, the 2023 law’s sponsor, said in a statement on Friday’s decision she was “thrilled 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.”
The pro-life organization Students for Life of America also praised the court’s ruling on X, writing Saturday, “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!”
The American Civil Liberties Union (ACLU) of North Dakota, however, called the decision “deeply painful” in a series of X posts Friday evening, which notably included the phrase “pregnant people.”
Abortion shouldn’t be a political issue. It’s a health care issue. Decisions about abortion shouldn’t be made by politicians but by pregnant people in consultation with their doctors – who should be able to treat their patients according to their best medical judgement. 2/3
— ACLU of North Dakota (@ACLUNorthDakota) November 21, 2025
“Abortion shouldn’t be a political issue. It’s a health care issue. Decisions about abortion shouldn’t be made by politicians but by pregnant people in consultation with their doctors – who should be able to treat their patients according to their best medical judgement,” the ACLU stated in part.
None of the left-leaning group’s posts at the time included the words “woman” or “mother.”
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