The court found that the law violated the state’s constitution, and the guaranteed “right of enjoying and defending life and pursuing and obtaining safety'
. The court found that the law violated the state’s constitution, and the guaranteed “right of enjoying and defending life and pursuing and obtaining safety.”a preliminary
injunction in October by Judge Bruce Romanick, who cited a “substantial probability” that the law would face constitutional challenges. As of now, abortion remains legal in the state up to 22 weeks of gestation. In the majority opinion issued by the state’s Supreme Court, Chief Justice Jon J. Jensen wrote that “while the regulation of abortion is within the authority of the legislature under the North Dakota Constitution,” the plaintiff had demonstrated, “that there is a fundamental right to an abortion in the limited instances of life-saving and health-preserving circumstances, and the statute is not narrowly tailored to satisfy strict scrutiny.
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