North Dakota abortion ban back after ruling by justices

Abortion is again illegal in North Dakota after the state’s Supreme Court on Friday couldn’t muster the required majority to uphold a judge's ruling that struck down the state’s ban last year.

- By JACK DURA

JACK DURA Associated Press "THE SUPREME Court has upheld this important pro-life legislation," said Atty. Gen. Drew Wrigley.

The law makes it a felony crime for anyone to perform an abortion, though it specifically protects patients from prosecution. Doctors could be prosecuted and penalized by as much as five years in prison and a $10,000 fine.

Three justices agreed that the ban is unconstitutionally vague. The other two justices said the law is not unconstitutional.

The North Dakota Constitution requires at least four of the five justices to agree for a law to be found unconstitutional, a high bar. Not enough members of the court joined together to affirm the lower court ruling.

In his opinion, Justice Jerod Tufte said the natural rights guaranteed by the state constitution in 1889 do not extend to abortion rights. He also said the law “provides adequate and fair warning to those attempting to comply.”