Summary

Summary

In 2007, North Dakota enacted a “trigger” ban on abortion, designed to take immediate effect if the federal right to abortion was ever revoked. 

After the Supreme Court overturned Roe v. Wade in 2022, the Center for Reproductive Rights successfully challenged this near-total ban., , In response, the state passed a second, amended ban,  in 2023, which the Center also challenged..

In a major ruling in September 2024, a state court struck down the amended ban, finding it unconstitutional because it violates the right to reproductive autonomy.

But the state has now appealed that ruling to the North Dakota Supreme Court—leaving the case ongoing.

About the case, part 1

About the case, part 1: challenging the trigger ban

In 2007, North Dakota passed an abortion “trigger” ban called H.B. 1466. The law made it a felony to provide abortion care, with exceptions only for the mother’s life, rape, or incest. It was set to go into effect within 30 days of judgment if the U.S. Supreme Court overturned Roe v. Wade.

After Roe was overturned on June 24, 2022, the Center for Reproductive Rights and its partners filed this case on July 7, challenging the trigger ban.

They argued that:

• The ban violated the North Dakota Constitution, which protects abortion under the rights to life, liberty, safety, and happiness.
• The ban went into effect too soon. It should have been triggered by the Supreme Court’s judgment—usually issued at least 25 days after an opinion. But state Attorney General Drew Wrigley tried to trigger the ban just days after the opinion, claiming abortion would be banned after July 28, 2022.

On July 27, 2022, the Burleigh County District Court agreed that the Attorney General acted too soon. It issued a temporary restraining order delaying the ban until August 26.

Abortion stayed legal in North Dakota as the court blocked the ban twice more, on August 25 and October 31. In October, it wrote that there was a “substantial probability” the challenge would succeed. Oral arguments took place November 29, 2022, at the North Dakota Supreme Court.

About the case, part 2

About the case, part 2: challenging the amended ban

In April 2023—the month after the North Dakota Supreme Court ruled to keep abortion legal—lawmakers passed an amended near-total abortion ban.

Although the new ban includes medical exceptions, it doesn’t clearly explain how sick a patient has to be to qualify, or whether abortion is allowed when the fetus has a fatal condition. 

The law also has a confusing, invasive exception for survivors of sex offenses that forces doctors to determine whether a sex offense occurred before they can give care. It only applies during the first six weeks of pregnancy.

At a December 20 hearing, the Center requested that the ban not be enforced against doctors who provide emergency abortions using their good-faith medical judgment. The North Dakota District Court denied that request on January 23, 2024.

On September 12, 2024, abortion became legal again in North Dakota when the court ruled the total abortion ban was unconstitutional. Judge Bruce Romanick wrote in his opinion that the state constitution protects the right to make personal medical decisions.

Next steps

Next steps

The state tried to stay the ruling, but its motion was denied on October 10, 2024.

It then appealed the ruling to the North Dakota Supreme Court.

A trial was held at 10 a.m. on March 25, 2025, with the final ruling still to come.

Learn more

Learn more

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