REPORT: Judges Forced To Restore Red State’s Abortion Ban

November 23, 2025

From the Daily Caller: A North Dakota law prohibiting nearly all abortions is back on the books just over a year after it was struck down, following a state supreme court ruling Friday.

While three of the court’s five justices agreed to uphold a district court judge’s September 2024 order declaring the law “unconstitutionally void for vagueness,” North Dakota requires at least four justices to agree in order for a state law to be deemed unconstitutional, The Associated Press (AP) reported.

While the law in question had been deemed “void for vagueness” for over a year, the state has not had a facility able to perform legal abortions since 2022, Reuters reported.

All three of the justices who opted to uphold the ruling striking down the law were appointed to the bench by Republican governors. North Dakota has not had a Democratic governor since 1992.

The report explains that North Dakota is now one of 13 states where abortion is restricted at all stages of pregnancy. The 13 states all voted for President Trump by double-digit margins in the 2024 election, and are as follows:

Alabama
Arkansas
Idaho
Indiana
Kentucky
Louisiana
Mississippi
North Dakota
Oklahoma
South Dakota
Tennessee
Texas
West Virginia

Students for Life of America cheered the ruling, writing, “VICTORY: North Dakota’s State Supreme Court has allowed the state’s pro-life law to go back into effect after reversing the decision from the lower court, making abortion illegal again and protecting babies once more!”

VICTORY: North Dakota’s State Supreme Court has allowed the state’s pro-life law to go back into effect after reversing the decision from the lower court, making abortion illegal again and protecting babies once more!

— Students for Life of America | Pro-Life Gen (@StudentsforLife) November 22, 2025

The ACLU blasted out a statement on X, slamming the decision:

The North Dakota Supreme Court’s decision is deeply painful to all of us who believe that the right to control our own bodies and to make such deeply personal decisions is ours, not the government’s.

Abortion shouldn’t be a political issue. It’s a health care issue. Decisions about abortion shouldn’t be made by politicians but by pregnant people in consultation with their doctors – who should be able to treat their patients according to their best medical judgement.

Abortion shouldn’t be a political issue. It’s a health care issue. Decisions about abortion shouldn’t be made by politicians but by pregnant people in consultation with their doctors – who should be able to treat their patients according to their best medical judgement. 2/3

— ACLU of North Dakota (@ACLUNorthDakota) November 21, 2025

Everyone deserves the right to control their own bodies and to make their own decisions about their lives and futures, free from punishment, judgment, or political interference. We’ll keep fighting. We hope you’ll join us.

Everyone deserves the right to control their own bodies and to make their own decisions about their lives and futures, free from punishment, judgment, or political interference. We’ll keep fighting. We hope you’ll join us. 3/3

— ACLU of North Dakota (@ACLUNorthDakota) November 21, 2025