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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 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. (Dura, 11/22)

More reproductive health news —

Three Republican-led states have challenged the Food and Drug Administration’s (FDA) approval of a generic form of the abortion pill mifepristone earlier this year, arguing the agency’s decision had ignored the “dangerous effects of mifepristone on pregnant women and girls.” The attorney generals for Missouri, Kansas and Idaho earlier this week filed an amended complaint in their ongoing lawsuit against the FDA to restrict mifepristone usage. In the complaint, the generals moved to revoke the FDA’s September approval of a new generic form of mifepristone. (Venkat, 11/21)

Less than one week after a woman reported that she was turned away while in active labor, Franciscan Health Crown Point has taken corrective action, including firing the nurse and physician directly involved. (Wilkins, 11/21)

When Dr. Elizabeth Bostock took over the obstetrics department at Rochester General Hospital in New York in 2019, she was alarmed by its high rate of C-sections: 40 percent of healthy, first-time mothers were delivering in operating rooms. The figure was far higher than the 24 percent recommended by the federal government. When needed, the procedure can be lifesaving, but its overuse can prolong recovery, complicate future births and sometimes risk the mother’s life. (Kliff and Pallaro, 11/24)

On infant health —

ByHeart, the company linked to an outbreak of botulism from infant formula, said late Wednesday that a private lab had found the bacteria that causes the illness in samples of its product. So far, 31 babies in 15 states have been hospitalized, many in intensive care units, after becoming weak and unable to swallow. No deaths have been reported. (Jewett, 11/20)

The California Department of Public Health is investigating six additional cases of botulism in the state in infants who were given ByHeart formula before the start of the current outbreak in August, a department spokesperson told Bloomberg. Those babies became ill between November 2024 and June 2025, said Brian Micek, a CDPH spokesperson. The department hasn’t linked the cases to the babies’ consumption of ByHeart. (Edney, 11/22)

At least four families have sued infant formula maker ByHeart saying their babies contracted botulism from contaminated formula, as the company faces ongoing scrutiny from federal investigators and a separate class action lawsuit filed last week. In the lawsuits, affected families described harrowing days or weeks in the hospital with their babies, who were placed on IVs and feeding tubes. Many said they had chosen ByHeart’s formula because it contained organic whole milk and minimal additives, making it seem like the healthiest option. (Bendix, 11/22)