Gov. Doug Burgum (R-ND) revised North Dakota‘s near-total abortion ban on Monday, affirming that the state prohibits abortion after six weeks.
Burgum signed the bill, sponsored by Republican state Sen. Janne Myrdal, who said her bill cleared up language in the state’s 2007 trigger ban and 2013 “heartbeat bill” that went into effect following the Supreme Court overturning Roe v. Wade in June 2022.
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The bill passed easily through the Republican-dominant House and Senate chambers before heading to Burgum’s desk. It now imposes a six-week abortion ban, making it one of the strictest abortion laws in the United States.
“North Dakota has always been pro-life and believed in valuing the moms and children both,” Myrdal said in an interview with the Associated Press after Burgum signed the bill. “We’re pretty happy and grateful that the governor stands with that value.”
Burgum’s signature on the bill means the law will immediately go into effect. However, it will likely become part of a lawsuit from Red River Women’s Clinic, North Dakota’s sole abortion provider.
A North Dakota state court temporarily blocked the state’s trigger law on July 27, 2022, the day before the law was to go into effect. The state Supreme Court upheld the state district court’s decision in a March ruling.
“The North Dakota Constitution guarantees North Dakota citizens the right to enjoy and defend life and the right to pursue and obtain safety, which necessarily includes a pregnant woman has a fundamental right to obtain an abortion to preserve her life or her health,” Chief Justice Jon Jensen wrote in the majority opinion.
The 2013 heartbeat bill bans abortions when a fetal heartbeat is detected, usually at six weeks, except when a medical emergency exists. Under the heartbeat bill, doctors could be charged with a Class C felony for performing an abortion during medical emergencies, as well as in cases of rape or incest. They could, however, argue the affirmative defense for rape, incest, and the life of the mother in court to protect them from criminal liability.
However, under the new law signed by Burgum on Monday, the ban’s affirmative defenses are changed to exceptions, taking the legal burden off medical providers.
The new bill created a new chapter in the statute for provisions, redefining a “medical emergency” as a “serious health risk.”
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Democrats and some Republicans opposed the six-week provision as insufficient for women and young girls who may be unaware they are pregnant after being raped, according to the Bismark Tribune.
North Dakota will join Georgia and Florida, the only other states with six-week bans. Gov. Ron DeSantis (R-FL) signed Florida’s six-week abortion ban into law on April 13.
