Amanda Barrow is a senior staff attorney with UCLA Law’s Center on Reproductive Health, Law, and Policy.
Although three of the five justices on the court concluded the ban violated state due process rights, a state rule requiring a supermajority to strike down a law means the dissenting opinion controls.
Some state courts weighed historical evidence and found abortion rights protections, diverging from the U.S. Supreme Court’s approach in Dobbs.
A project of the Brennan Center for Justice at NYU Law
© 2025 Brennan Center for Justice at NYU Law
Contributions
How Originalism Revived an Abortion Ban a Majority of the North Dakota Supreme Court Held Unconstitutional
Although three of the five justices on the court concluded the ban violated state due process rights, a state rule requiring a supermajority to strike down a law means the dissenting opinion controls.
The Role of History and Tradition in State Court Abortion Cases
Some state courts weighed historical evidence and found abortion rights protections, diverging from the U.S. Supreme Court’s approach in Dobbs.