Republicans have gone so far on abortion that they're now being struck down by other Republicans.
The North Dakota Supreme Court took a different path. In his majority opinion, Chief Justice Jon J. Jensen noted that the state constitution grants all residents the right “of enjoying and defending life and liberty” and “pursuing and obtaining safety and happiness.” These guarantees “implicitly include the right to obtain an abortion to preserve the woman’s life or health,” Jensen wrote.
Yet it kept the entire abortion ban on hold, allowing the lower court to determine precisely how much of the law should remain permanently blocked. The ruling explicitly guarantees abortion access whenever it is “necessary to prevent severe, life altering damage”—but it also appears to go further: Jensen wrote that while “the legislature can regulate abortion, it must do so in a manner that is narrowly tailored to achieve the compelling interest.
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