2023—The North Dakota supreme court rules (in Wrigley v. Romanick) that the state constitution confers “a fundamental right to an abortion in the limited instances of life-saving and health-preserving circumstances.” Because the state’s abortion law did not include an exception for “health-preserving circumstances,” the court rules the law defective. But it somehow manages not to confine its relief to such circumstances but instead enjoins the state’s abortion law in its entirety.

One month later, the North Dakota legislature will enact a new abortion law that includes an exception to prevent “a serious health risk” to the mother. In November 2025, three justices on the five-justice state supreme court will deem the law to violate the state constitution. But because the state constitution requires at least four justices to declare a legislative enactment unconstitutional, the new law will finally take effect.