Abortion is again illegal in North Dakota after the state's Supreme Court on Friday couldn't muster the required majority to uphold a judge's ruling that struck down the state's ban last year.

The 2023 law makes it a felony crime for anyone to perform an abortion, though it specifically protects patients from prosecution. Doctors could be prosecuted and penalized by as much as five years in prison and a $10,000 fine.

Three justices agreed that the ban is unconstitutionally vague under the state constitution. The other two justices said the law is not unconstitutional.

The state constitution requires at least four of the five justices to agree for a law to be found unconstitutional, a high bar. Not enough members of the court joined together to affirm the lower court ruling .

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