A North Dakota judge vacated the state’s near-total abortion ban on Thursday, saying that a pregnant resident had a “fundamental right” to choose an abortion until their fetus was viable.
State District Judge Bruce Romanick also said that the ban was “unconstitutionally void for vagueness” in how it defined exceptions.
The ban, passed by the Republican-led state Legislature last year, allows abortions only in the case of rape or incest, and only then in the first six weeks of pregnancy, before many people know they’re pregnant. An exception also exists for patients facing life-threatening health risks.