North Dakota just adopted one of the strictest abortion bans in the country.

The law, signed by Republican Gov. Doug Burgum on Monday, makes it a felony to perform an abortion with very narrow exceptions: in cases of rape or incest, a patient may obtain one during the first six weeks of pregnancy (before most people know they’re pregnant); and in cases where the life of the pregnant person is at risk or they would face serious health consequences.

The law stands in defiance of the North Dakota Supreme Court’s March ruling refusing to reinstate a separate abortion ban that was triggered after the US Supreme Court overturned Roe v. Wade last year. That state ruling is temporary, but in a sign of how it may ultimately rule, the court said that abortion access is protected by the state constitution.

The law is also coming at a time when the national Republican party is struggling to chart a path forward on abortion messaging following an unexpectedly poor performance in the midterms and the defeat of anti-abortion ballot measures even in red states last year.

The new ban leaves North Dakotans with practically no option but to carry their pregnancy to term or seek care elsewhere if they can afford to do so, especially given that there are no remaining abortion clinics in the state. The law could also potentially have a chilling effect on doctors who face the now very risky decision to perform an abortion in medical emergencies, raising the stakes to potential prison time if they make the wrong call. That’s been a concern in other states, including Texas, where several women have asked a court to clarify when an abortion can be considered medically necessary to fulfill an exception in the state’s abortion ban.

Katie Christensen, North Dakota state director of external affairs for Planned Parenthood North Dakota Action Fund, said that the new North Dakota ban was “likely unconstitutional.”

“Abortion is essential health care, and politicians have no place inserting themselves into private, personal medical decisions,” she said in a statement. “My heart is heavy for survivors of rape and sexual assault who will have their bodily autonomy further stripped away, for doctors who will have to choose between practicing the ethical standard of care or breaking the law.”

What could happen next for abortion rights in North Dakota

The new ban could face legal challenges. Courts temporarily blocked the earlier trigger ban from going into effect last year as litigation over it progresses, and the state supreme court’s ruling last month upholding that temporary ban suggests that the trigger ban will be struck down permanently as unconstitutional. Under that standard, it’s possible that the new ban, which is even stricter, would also be struck down.

There’s also a question as to whether North Dakota voters might contest the new ban. Republican lawmakers in the state pursued the ban because they said that it’s what North Dakota voters want.

“North Dakota has always been pro-life and believed in valuing the moms and children both,” Republican State Sen. Janne Myrdal said in an interview with The Associated Press.

Recent polling data for the state isn’t available, making it difficult to evaluate how North Dakotans feel about the issue post-Roe. But the latest available survey conducted by Pew Research in 2014 found that 51 percent of state residents said they supported banning abortion in all or most cases, compared to 47 percent who said they supported making abortion legal in all or most cases. That was significantly further to the right on the issue than the then-national average.

That year, however, North Dakota voters also overwhelmingly defeated a ballot measure that would have amended the state constitution to state that the “inalienable right to life of every human being at any stage of development must be recognized and protected.” At the time, that measure was seen as a direct challenge to Roe v. Wade.

Some abortion advocates in the state are weighing another potential ballot measure to reinstate abortion rights in 2024. They could initiate a ballot measure to repeal the new ban without the approval of the state legislature, so long as they gather the requisite number of signatures from voting-age residents.

Are Republicans digging their own grave on abortion?

North Dakota’s efforts to charge ahead with restricting abortion are just one way the GOP is handling abortion politics in the year since Roe was overturned. All signs are pointing to reproductive rights remaining top of mind for voters heading into 2024, and not all conservatives are sure hardline stances will serve them well.

After a surprise blowout for abortion rights on a Kansas ballot initiative last summer, abortion was also one of the top issues driving the results of the midterms: Democrats running on pro-abortion rights nearly swept the table in 2022, and every ballot initiative aimed at restricting abortion lost, while ballot initiatives strengthening abortion rights prevailed and even outperformed Democratic candidates in some cases. And last month, a Wisconsin Supreme Court candidate won in a very expensive race that didn’t even turn out to be close after making abortion rights an explicit part of her platform.

Some in the party are worried about that — many Republicans, including former President Donald Trump, were silent on a Texas judge’s decision to block access to the abortion drug mifepristone before the US Supreme Court intervened, ensuring that the drug will remain available withouNorth Dakota just adopted one of the strictest abortion bans in the country.

The law, signed by Republican Gov. Doug Burgum on Monday, makes it a felony to perform an abortion with very narrow exceptions: in cases of rape or incest, a patient may obtain one during the first six weeks of pregnancy (before most people know they’re pregnant); and in cases where the life of the pregnant person is at risk or they would face serious health consequences.

The law stands in defiance of the North Dakota Supreme Court’s March ruling refusing to reinstate a separate abortion ban that was triggered after the US Supreme Court overturned Roe v. Wade last year. That state ruling is temporary, but in a sign of how it may ultimately rule, the court said that abortion access is protected by the state constitution.

The law is also coming at a time when the national Republican party is struggling to chart a path forward on abortion messaging following an unexpectedly poor performance in the midterms and the defeat of anti-abortion ballot measures even in red states last year.

The new ban leaves North Dakotans with practically no option but to carry their pregnancy to term or seek care elsewhere if they can afford to do so, especially given that there are no remaining abortion clinics in the state. The law could also potentially have a chilling effect on doctors who face the now very risky decision to perform an abortion in medical emergencies, raising the stakes to potential prison time if they make the wrong call. That’s been a concern in other states, including Texas, where several women have asked a court to clarify when an abortion can be considered medically necessary to fulfill an exception in the state’s abortion ban.

Katie Christensen, North Dakota state director of external affairs for Planned Parenthood North Dakota Action Fund, said that the new North Dakota ban was “likely unconstitutional.”

“Abortion is essential health care, and politicians have no place inserting themselves into private, personal medical decisions,” she said in a statement. “My heart is heavy for survivors of rape and sexual assault who will have their bodily autonomy further stripped away, for doctors who will have to choose between practicing the ethical standard of care or breaking the law.”

What could happen next for abortion rights in North Dakota

The new ban could face legal challenges. Courts temporarily blocked the earlier trigger ban from going into effect last year as litigation over it progresses, and the state supreme court’s ruling last month upholding that temporary ban suggests that the trigger ban will be struck down permanently as unconstitutional. Under that standard, it’s possible that the new ban, which is even stricter, would also be struck down.

There’s also a question as to whether North Dakota voters might contest the new ban. Republican lawmakers in the state pursued the ban because they said that it’s what North Dakota voters want.

“North Dakota has always been pro-life and believed in valuing the moms and children both,” Republican State Sen. Janne Myrdal said in an interview with The Associated Press.

Recent polling data for the state isn’t available, making it difficult to evaluate how North Dakotans feel about the issue post-Roe. But the latest available survey conducted by Pew Research in 2014 found that 51 percent of state residents said they supported banning abortion in all or most cases, compared to 47 percent who said they supported making abortion legal in all or most cases. That was significantly further to the right on the issue than the then-national average.

That year, however, North Dakota voters also overwhelmingly defeated a ballot measure that would have amended the state constitution to state that the “inalienable right to life of every human being at any stage of development must be recognized and protected.” At the time, that measure was seen as a direct challenge to Roe v. Wade.

Some abortion advocates in the state are weighing another potential ballot measure to reinstate abortion rights in 2024. They could initiate a ballot measure to repeal the new ban without the approval of the state legislature, so long as they gather the requisite number of signatures from voting-age residents.

Are Republicans digging their own grave on abortion?

North Dakota’s efforts to charge ahead with restricting abortion are just one way the GOP is handling abortion politics in the year since Roe was overturned. All signs are pointing to reproductive rights remaining top of mind for voters heading into 2024, and not all conservatives are sure hardline stances will serve them well.

After a surprise blowout for abortion rights on a Kansas ballot initiative last summer, abortion was also one of the top issues driving the results of the midterms: Democrats running on pro-abortion rights nearly swept the table in 2022, and every ballot initiative aimed at restricting abortion lost, while ballot initiatives strengthening abortion rights prevailed and even outperformed Democratic candidates in some cases. And last month, a Wisconsin Supreme Court candidate won in a very expensive race that didn’t even turn out to be close after making abortion rights an explicit part of her platform.

Some in the party are worried about that — many Republicans, including former President Donald Trump, were silent on a Texas judge’s decision to block access to the abortion drug mifepristone before the US Supreme Court intervened, ensuring that the drug will remain available without restrictions for now.

But others have been doubling down on abortion restrictions. Former Vice President Mike Pence, who is weighing a 2024 presidential bid, explicitly supported the legal fight to block access to mifepristone and said that he wanted the drug “off the market.” Florida Republican Gov. Ron DeSantis, who is also expected to soon announce his presidential candidacy, enacted a six-week abortion ban in the state despite the fact that a big majority of Florida voters don’t support it.

That’s prompted concern among some Republicans that the party is embracing a losing argument. While North Dakota is a solidly red state where the GOP isn’t likely to see significant slippage in 2024, the sum total of abortion bans signed by Republican governors like Burgum might not help the party’s case nationally.

t restrictions for now.

But others have been doubling down on abortion restrictions. Former Vice President Mike Pence, who is weighing a 2024 presidential bid, explicitly supported the legal fight to block access to mifepristone and said that he wanted the drug “off the market.” Florida Republican Gov. Ron DeSantis, who is also expected to soon announce his presidential candidacy, enacted a six-week abortion ban in the state despite the fact that a big majority of Florida voters don’t support it.

That’s prompted concern among some Republicans that the party is embracing a losing argument. While North Dakota is a solidly red state where the GOP isn’t likely to see significant slippage in 2024, the sum total of abortion bans signed by Republican governors like Burgum might not help the party’s case nationally.