North Dakota judge overturns state’s protections for preborn human beings

A North Dakota judge ruled Thursday that a state law protecting preborn children from abortion is unconstitutional.

SB 2150 was signed into law in 2023. It protected nearly all preborn children from abortion (with exceptions included for those conceived in rape and incest during the first six weeks of gestation). After its passage, the law was challenged by Red River Women’s Clinic, the sole abortion business in the state.

In his ruling, State District Judge Bruce Romanick overturned the law on the basis that it was “unconstitutionally void for vagueness.”

“The North Dakota Constitution guarantees each individual, including women, the fundamental right to make medical judgments affecting his or her bodily integrity, health and autonomy, in consultation with a chosen health care provider free from government interference,” Romanick wrote in the ruling.

“Unborn human life, pre-viability, is not a sufficient justification to interfere with a woman’s fundamental right,” Romanick continued. “Criminalizing pre-viability abortions is not necessary to promote the State’s interests in women’s health and protecting unborn human life.”

He added: “The law as currently drafted takes away a woman’s liberty and her right to pursue and obtain safety and happiness.” And yet, Romanick also reportedly noted “how North Dakota Constitution’s guarantees ‘inalienable rights,’ including ‘life and liberty,’ according to CBS News.

Though the ruling cites a woman’s right, it completely disregards the inalienable right to life of the preborn child. In this case, it appears Romanick has disregarded the preborn child’s right to life in favor of a woman’s “liberty” and “pursuit of happiness.” Despite this, from the moment of fertilization, that child is a unique and separate human being, with his or her own rights. No mother has the right to take the life of her innocent child in the name of liberty or happiness. In the case of safety, the law – SB 2150 – provides exceptions for the health of the woman, to “prevent the death or a serious health risk”:

State Sen. Janne Myrdal, who sponsored the pro-life bill, lamented the court’s decision.

“The losers today are the unborn children and their moms and dads, not any activists. There’s no winner in this,” she said. “Judge Romanick will go into his retirement after a long career having made the wrong decision on the most important case he’s ever had.”

The executive director of North Dakota Right to Life said her organization hopes to appeal the ruling to the state Supreme Court. “We are disheartened by the news, but we did expect it,” Bridget Turbide said. “We are going to keep working and fighting for this issue.”

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