Current:Home > ScamsBenjamin Ashford|North Dakota Supreme Court ruling keeps the state's abortion ban on hold for now -FundPrime
Benjamin Ashford|North Dakota Supreme Court ruling keeps the state's abortion ban on hold for now
Charles H. Sloan View
Date:2025-04-07 09:33:36
BISMARCK,Benjamin Ashford N.D. — The North Dakota Supreme Court ruled Thursday that a state abortion ban will remain blocked while a lawsuit over its constitutionality proceeds.
The ban was designed to take effect once the U.S. Supreme Court overturned Roe v. Wade. But a district judge had put it on hold this summer while the Red River Women's Clinic (RRWC) pursued a lawsuit arguing the state constitution protected a right to an abortion.
"While the regulation of abortion is within the authority of the legislature under the North Dakota Constitution, RRWC has demonstrated likely success on the merits that there is a fundamental right to an abortion in the limited instances of life-saving and health-preserving circumstances, and the statute is not narrowly tailored to satisfy strict scrutiny," Chief Justice Jon J. Jensen wrote in the ruling.
The law — one of many abortion-restricting measures passed by state legislatures in anticipation of the high court's decision — includes exceptions to save the life of the mother and in cases of rape or incest.
The Red River Women's Clinic — the state's only abortion clinic — shut its doors this summer and moved operations a short distance from Fargo to Moorhead, Minnesota, where abortion remains legal. But the clinic's owner is still pursuing the lawsuit.
"The court made the right decision and sided with the people of North Dakota today," clinic director Tammi Kromenaker said in a statement. "Those seeking abortion care know what's best for themselves and their families and should be able to access such essential services if and when they need it. While I'm heartbroken that we have been forced to close our doors here in Fargo, we will continue to serve the region at our new clinic in Moorhead, Minnesota."
Messages left with the office of North Dakota Attorney General Drew Wrigley were not immediately returned Thursday.
Wrigley had argued the ban should be enforced while the lawsuit proceeds, saying Burleigh County District Judge Bruce Romanick erred by granting the injunction. Romanick has said that the Red River Women's Clinic had a "substantial probability" of succeeding in its lawsuit, but also said there's no "clear and obvious answer" on whether the state constitution conveys a right to abortion.
Attorneys for the clinic had argued that Romanick's decision to block the ban was proper.
When Romanick blocked the law from taking effect, he acknowledged that the clinic had moved but noted that doctors and hospitals would still be affected by the statute. Under the law, a doctor who performs an abortion would be charged with a felony and then have to prove the procedure was done in cases of either rape or incest or to save the mother's life.
Lawyers for the clinic said the ban and its rules on affirmative defenses may make doctors hesitant "from performing abortions even in a life-threatening situation."
Since the U.S. Supreme Court in June overturned Roe v. Wade, the ruling that protected the right to abortion for nearly five decades, abortion restrictions have been up to states and the landscape has shifted quickly.
Thirteen states are now enforcing bans on abortion at any point in pregnancy and one more — Georgia — bans it once cardiac activity can be detected, or at about six weeks' gestation.
Courts have put on hold enforcement of abortion bans or deep restrictions in Arizona, Indiana, Montana, Ohio, South Carolina, Utah and Wyoming. Idaho courts have forced the state to allow abortions during medical emergencies.
veryGood! (1)
Related
- Working Well: When holidays present rude customers, taking breaks and the high road preserve peace
- San Francisco Becomes the Latest City to Ban Natural Gas in New Buildings, Citing Climate Effects
- The IPCC Understated the Need to Cut Emissions From Methane and Other Short-Lived Climate Pollutants, Climate Experts Say
- From a Raft in the Grand Canyon, the West’s Shifting Water Woes Come Into View
- Sarah J. Maas books explained: How to read 'ACOTAR,' 'Throne of Glass' in order.
- Treat Williams' Daughter Honors Late Star in Heartbreaking Father's Day Tribute One Week After His Death
- Biden's offshore wind plan could create thousands of jobs, but challenges remain
- There's no whiskey in bottles of Fireball Cinnamon, so customers are suing for fraud
- Juan Soto to be introduced by Mets at Citi Field after striking record $765 million, 15
- The IPCC Understated the Need to Cut Emissions From Methane and Other Short-Lived Climate Pollutants, Climate Experts Say
Ranking
- Spooky or not? Some Choa Chu Kang residents say community garden resembles cemetery
- Indicators of the Week: tips, eggs and whisky
- Prince William’s Adorable Photos With His Kids May Take the Crown This Father’s Day
- 6-year-old Miami girl fights off would-be kidnapper: I bit him
- A White House order claims to end 'censorship.' What does that mean?
- For a Climate-Concerned President and a Hostile Senate, One Technology May Provide Common Ground
- FBI Director Chris Wray defends agents, bureau in hearing before House GOP critics
- A Personal Recession Toolkit
Recommendation
Tree trimmer dead after getting caught in wood chipper at Florida town hall
Inside Clean Energy: A California Utility Announces 770 Megawatts of Battery Storage. That’s a Lot.
Exxon announced record earnings. It's bound to renew scrutiny of Big Oil
U.S. files second antitrust suit against Google's ad empire, seeks to break it up
Rylee Arnold Shares a Long
Meta allows Donald Trump back on Facebook and Instagram
Trump’s Interior Department Pressures Employees to Approve Seismic Testing in ANWR
Ruby Princess cruise ship has left San Francisco after being damaged in dock crash