State High Court Reinstates 2023 Law Protecting Unborn Children After Lower Court Tried to Strike It Down
BISMARCK, ND — The North Dakota Supreme Court has reinstated the state’s near-total abortion ban, reversing a lower court ruling and restoring one of the strongest pro-life protections in the country. The decision upholds SB 2150, a 2023 law passed with overwhelming legislative support that bans nearly all abortions except in cases of rape or incest prior to six weeks, or when a procedure is deemed medically necessary to preserve the life or health of the mother.
Under the law, performing an elective abortion is a Class C felony punishable by up to five years in prison and a fine of up to $10,000.
What the Court Decided
In July 2023, a district judge had blocked the law, calling it “unconstitutionally vague” regarding when a doctor could intervene to save a mother’s life. But in a 3–2 decision, the North Dakota Supreme Court found that although three justices believed the law was unconstitutional, that number fell short of the four justices required to strike down a state statute. As a result, the lower court’s ruling was reversed, and the law is now back in effect.
The majority opinion argued that the life-of-the-mother provisions were too vague and could not be separated from the rest of the statute, rendering the ban “invalid in its entirety.” The justices asserted that the state constitution “guarantees the right to an abortion” under its inalienable rights clause—despite abortion never being mentioned in the document since its adoption in 1889.
Dissenting Justices
Justice Jerod Tufte, joined by Chief Justice Jon Jensen, sharply disagreed. Tufte argued that the Constitution cannot be interpreted to include rights that were not understood or recognized at the time of ratification.
The supposed “fundamental right” to abortion, he wrote, “was apparently overlooked by every person alive when the Constitution was adopted.” He noted that it took more than a century for anyone to make the claim that North Dakota’s constitution protects abortion—evidence that the framers never intended such an interpretation.
On the question of vagueness, Tufte stated that challenges to the law were based on “lawyer-crafted hypotheticals,” not real medical situations. Differences among medical experts on theoretical scenarios, he said, are not enough to overturn a democratically enacted statute.
Pro-Life Leaders Respond
Liberty Counsel Founder and Chairman Mat Staver praised the ruling, calling it “a victory for life.”
“North Dakota’s pro-life law protects innocent unborn lives, and there is nothing unconstitutional about that,” Staver said. “Abortion harms women physically and emotionally, and there is no right to cruelly kill defenseless children in the womb.”
Why This Matters
North Dakota has now rejoined the growing number of states enforcing strong pro-life protections after the fall of Roe v. Wade. The ruling highlights the power of the state constitution and the ongoing legal debate over whether courts should reinterpret foundational documents to create rights the framers never envisioned.
This decision could influence future court battles across the Midwest, where abortion advocates have increasingly turned to state constitutions in an effort to secure or expand abortion access.
Faith Perspective
For believers, this ruling is a reminder that every human life—born and unborn—is made in the image of God (Genesis 1:27). Protecting the unborn is not merely a political issue but a spiritual and moral imperative. Scripture consistently affirms God’s intimate involvement in the womb (Psalm 139:13–16) and warns against the shedding of innocent blood.
