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North Dakota Gov. Doug Burgum signed a bill on Monday that bans most abortions with limited exceptions before the sixth week of pregnancy.
The new law makes performing an abortion a class C felony except in cases of rape or incest before six weeks gestation, or for medical emergencies that can develop after six weeks, such as an ectopic or molar pregnancy.
A physician who performs an abortion could face a maximum penalty of five years imprisonment and/or a fine of up to $10,000. There is an exception for individuals who assist in performing an abortion at the direction of a physician and did not know they were performing an abortion in violation of the law.
The bill passed the Republican dominated state legislature with veto-proof majorities. Supporters say the law protects all human life, while opponents argue anti-abortion measures harm the rights of women and girls.
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North Dakota Gov. Doug Burgum speaks at the state Capitol on April 10, 2020, in Bismarck, North Dakota. Burgum signed an abortion ban at six weeks of pregnancy into law on Monday, April 24, 2023. (Mike McCleary/The Bismarck Tribune via AP, File)
People gather outside the Supreme Court of the United States on Friday, April 21, 2023, in Washington, D.C. The high court decided to preserve access to a drug Mifepristone used in the most common method of abortion, rejecting lower-court restrictions while a lawsuit continues. (Kent Nishimura / Los Angeles Times via Getty Images)
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"This bill clarifies and refines existing state law ... and reaffirms North Dakota as a pro-life state," Burgum said in a statement.
Last year’s U.S. Supreme Court ruling overturning the 1973 Roe vs. Wade decision that legalized abortion nationwide has triggered multiple state laws banning or restricting the procedure. Many were met with legal challenges. Currently, bans on abortion at all stages of pregnancy are in place in at least 13 states and on hold in others because of court injunctions. On the other side, Democratic governors in at least 20 states this year launched a network intended to strengthen abortion access as state legislatures now hold the power to regulate abortion.
North Dakota's previous restrictions on abortion were challenged in court by what was formerly state's only abortion clinic. Pictured is an abortion clinic in Idaho. (Darin Oswald/Idaho Statesman/Tribune News Service via Getty Images)
The North Dakota law is designed to take effect immediately, but last month the state Supreme Court ruled a previous ban is to remain blocked while a lawsuit over its constitutionality proceeds. Last week, lawmakers said they intended to pass the latest bill as a message to the state’s high court signaling that the people of North Dakota want to restrict abortion.
The law requires that "[a]n abortion facility may not perform an abortion on a woman without first offering the woman an opportunity to receive and view at the abortion facility or another facility an active ultrasound of her unborn child."
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North Dakota's only abortion clinic, the Red River Women's Clinic, ceased its operations in Fargo last year and moved to neighboring Moorhead, Minnesota, where abortion remains legal. The owner of the clinic is the plaintiff in a lawsuit challenging the constitutionality of North Dakota's previous abortion ban.
More legal challenges against the new abortion law are expected to come.
The Associated Press contributed to this report.
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