Current:Home > ContactNorth Dakota’s abortion ban will remain on hold during court appeal -ValueCore
North Dakota’s abortion ban will remain on hold during court appeal
View
Date:2025-04-18 12:51:37
BISMARCK, N.D. (AP) — North Dakota won’t be allowed to enforce its near total abortion ban while the state appeals a judge’s ruling that struck down the law.
The latest decision by District Judge Bruce Romanick means that, for now, his September ruling stands while the state appeals it to the North Dakota Supreme Court.
No abortion clinics have operated in North Dakota since the Red River Women’s Clinic moved from Fargo to nearby Moorhead, Minnesota, in 2022. The move came after the U.S. Supreme Court overturned Roe v. Wade, triggering a North Dakota law that would have automatically banned most abortions. The statute was about to take effect when the clinic sued to stop it.
North Dakota’s abortion ban made performing the procedure a felony. The only exceptions were to prevent the mother’s death or a “serious health risk” to her. In cases of rape or incest, a patient could secure an abortion up to six weeks of gestation, which is before some people realize they are pregnant.
“The Court has found the law unconstitutional under the state constitution,” Romanick said. “It would be non-sensical for this Court to keep a law it has found to be unconstitutional in effect pending appeal.”
The newest decision is important because it means people with serious pregnancy complications who go to hospitals seeking medical care don’t have to worry about their treatment being delayed under the law, said Meetra Mehdizadeh, staff attorney for the Center for Reproductive Rights, who also is an attorney for the plaintiffs.
“It just makes pregnancy safer for everyone to know that if that does happen, they will have the option of being able to seek that care in-state and won’t have to worry that their doctors are going to feel forced to delay care or that their doctors are not going to be able to provide standard-of-care treatment because of the law,” she said.
Last month, the judge found North Dakota’s abortion ban unconstitutionally vague, and ruled that pregnant women in the state have a fundamental right to abortion before a fetus is viable outside the womb.
The state plans to appeal that September ruling.
A text message was sent to North Dakota Attorney General Drew Wrigley Thursday seeking comment about whether the state would also appeal Romanick’s most recent decision.
The judge heard arguments Thursday morning from attorneys representing the state and the abortion rights plaintiffs, including the women’s clinic and several physicians.
In court, Special Assistant Attorney General Dan Gaustad said the September ruling raises questions and creates confusion about what it means for dozens of state’s attorneys not named in the lawsuit and for other district court judges.
“Let’s let the North Dakota Supreme Court decide this issue and let the law remain in place like it has been,” Gaustad said.
Melissa Rutman, an attorney for the plaintiffs, said the state hadn’t met the requirements to stay the ruling that struck down the abortion ban.
“The court already concluded that there is confusion if the law is in effect because as a matter of law, the law is too vague on its face to afford doctors due process rights, and physicians are forced to guess whether their medical decisions will subject them to criminal liability,” she said.
The judge also said his previous order and judgment “are not confusing.”
veryGood! (7282)
Related
- The White House is cracking down on overdraft fees
- Malaysia charges former minister for not declaring assets, as graft probe targets allies of ex-PM
- Americans don't sleep enough. The long-term effects are dire, especially for Black people
- 70 Facts About Oprah Winfrey That Are Almost as Iconic as the Mogul Herself
- South Korea's acting president moves to reassure allies, calm markets after Yoon impeachment
- American Airlines’ hard landing on Maui sends 6 to hospital
- A secret shelf of banned books thrives in a Texas school, under the nose of censors
- Real Housewives Star Kandi Burruss’ Winter Fashion Gives Legs and Hips and Body, Body
- Which apps offer encrypted messaging? How to switch and what to know after feds’ warning
- Taylor Swift gets an early reason to celebrate at AFC title game as Travis Kelce makes a TD catch
Ranking
- Rylee Arnold Shares a Long
- Ukrainian-born model Carolina Shiino crowned Miss Japan, ignites debate
- Will Taylor Swift attend Super Bowl 58 to cheer on Kansas City Chiefs' Travis Kelce?
- West Brom and Wolves soccer game stopped because of crowd trouble. FA launches investigation
- Jamie Foxx gets stitches after a glass is thrown at him during dinner in Beverly Hills
- Kate Middleton Released From Hospital After Abdominal Surgery
- International Holocaust Remembrance Day marks 79th anniversary of Auschwitz liberation
- Report: California officers shot in ambush were not verbally warned that suspect had gun, was on PCP
Recommendation
A White House order claims to end 'censorship.' What does that mean?
Pedro Almodóvar has a book out this fall, a ‘fragmentary autobiography’ called ‘The Last Dream’
Oklahoma City wants to steal New York's thunder with new tallest skyscraper in US
52 killed in clashes in the disputed oil-rich African region of Abyei, an official says
Arkansas State Police probe death of woman found after officer
Oklahoma City wants to steal New York's thunder with new tallest skyscraper in US
X pauses Taylor Swift searches as deepfake explicit images spread
International Holocaust Remembrance Day marks 79th anniversary of Auschwitz liberation