Sep 19, 2024, 4:06 PM
Sep 19, 2024, 2:39 PM

North Dakota seeks pause on abortion ban ruling

Provocative
Highlights
  • The state of North Dakota is requesting a judge to pause a ruling that struck down its abortion ban as unconstitutional.
  • State District Judge Bruce Romanick ruled that the ban was void for vagueness and affirmed a fundamental right to abortion before viability.
  • The state's motion for a stay is part of a planned appeal, with expectations that the state Supreme Court will ultimately address the issue.
Story

In Bismarck, North Dakota, the state is seeking a pause on a recent ruling that deemed its abortion ban unconstitutional. This motion was filed after State District Judge Bruce Romanick determined that the ban was 'unconstitutionally void for vagueness' and affirmed a fundamental right to abortion before viability under the state constitution. The state plans to appeal this decision, arguing that the case presents complex legal issues that warrant a stay until the North Dakota Supreme Court can review the appeal. The abortion ban, which was amended in 2023, criminalizes most abortions except in specific circumstances, such as to prevent a pregnant woman's death or in cases of rape or incest, but only within a six-week timeframe. Following the U.S. Supreme Court's overturning of Roe v. Wade in 2022, the only abortion clinic in North Dakota relocated to Minnesota, prompting legal challenges against the state's restrictive laws. The Red River Women’s Clinic, along with several doctors, has contested the amended law, claiming it is unconstitutionally vague and that its health exceptions are too limited. The state had previously sought to dismiss the lawsuit, but the judge ruled against them, leading to the current appeal process. Opponents of the stay, including legal representatives from the Center for Reproductive Rights, argue that the state's actions are unjustified and hinder necessary healthcare. Republican state Senator Janne Myrdal expressed confidence that the state Supreme Court will overturn the ruling, criticizing the judge's decision as lacking legal merit.

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