Burleigh County District Judge Bruce Romanick deemed the statute unconstitutional and in violation of people's personal freedoms. He criticized the law for lacking necessary definitions that would guide healthcare providers on when abortions could legally be performed.
Romanick stated, "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." This highlights the fundamental rights at stake and the role of personal autonomy in medical decisions.
He added that "criminalizing pre-viability abortions is not necessary to promote the State's interests," pointing towards a judicial understanding that protecting individual rights is paramount in evaluating the legality of the law.
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