Monday, North Dakota Governor Doug Burgum signed a bill that, with limited exceptions, prohibits most abortions before the sixth week of pregnancy.
The new law makes abortion a class C felony, except in cases of rape or incest before six weeks of gestation or in cases of medical emergencies that can occur after six weeks, such as ectopic or molar pregnancy.
A physician who administers an abortion could face up to five years in prison or a $10,000 fine, whichever is greater. There is an exception for individuals who assist a physician in performing an illegal abortion but were unaware they were doing so.
The bill passed with veto-proof majorities in the state legislature, which was dominated by Republicans. Opponents argue that anti-abortion measures infringe upon the rights of women and girls, while proponents argue that the law protects all human life.
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“This bill clarifies and refines existing state law… and reaffirms North Dakota’s status as a pro-life state,” said Burgum in a statement.
Multiple state laws prohibiting or restricting abortion have been enacted as a result of the 2013 U.S. Supreme Court decision overturning the 1973 Roe v. Wade decision that legalized abortion nationwide. Many encountered legal obstacles. There are currently bans on abortion at all stages of pregnancy in at least 13 states, with others on pause due to court injunctions. As state legislatures now have the authority to regulate abortion, Democratic governors in at least 20 states launched a network this year with the intention of expanding abortion access.
The North Dakota law is intended to take effect immediately, but the state’s highest court ruled last month that a previous ban must remain blocked while a lawsuit challenging its constitutionality continues. Legislators stated last week that they intended to pass the latest bill as a signal to the state’s highest court that North Dakotans desire abortion restrictions.
The law stipulates that “an abortion facility may not perform an abortion on a woman without first offering the woman the opportunity to receive and view an active ultrasound of her unborn child at the abortion facility or another facility.”
