North Dakota High Court Upholds Pause On State Abortion Ban

by | Mar 16, 2023 | Politics

BISMARCK, N.D. (AP) — 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.Advertisement“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 b …

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