North Dakota's top court will not revive state's abortion ban

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North Dakota's top court will not revive state's abortion ban
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North Dakota's Supreme Court on Thursday refused to revive a strict abortion ban previously blocked by a lower court, finding that the ban violates a state constitutional right to abortion to preserve the mother's life or health.

"Today, the court rightfully stopped one of the most extreme laws in the country from taking effect and depriving North Dakotans of their reproductive freedom," said Nancy Northup, president of the Center for Reproductive Rights, which challenged the ban on behalf of abortion providers.

North Dakota's near-total abortion ban would prosecute a doctor for performing an abortion even in order to save the mother's life. To avoid being convicted, the doctor would have to prove at trial that the abortion was necessary to save the mother's life or health. The state Supreme Court agreed, rebuffing Wrigley's petition to revive the law, while the case proceeds on the merits in the lower court. Chief Justice Jon Jensen wrote for the court that the rights guaranteed by the state constitution "implicitly include the right to obtain an abortion to preserve the woman's life or health."

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