In Bismarck, North Dakota, the state is making a request to a judge to postpone his recent ruling that invalidated the state’s abortion ban. This request comes as the state plans to appeal the decision to the Supreme Court of North Dakota. The state’s legal team filed a motion on Wednesday seeking a stay on the ruling. Last week, State District Judge Bruce Romanick declared North Dakota’s abortion ban “unconstitutionally void for vagueness” and recognized pregnant women’s fundamental right to abortion before viability under the state constitution.
The attorneys representing the state argued that a stay is necessary until a decision has been reached by the North Dakota Supreme Court on the impending appeal. They highlighted the complexity and novelty of the legal issues involved in the case. In the wake of the 2022 decision by the U.S. Supreme Court to overturn Roe v. Wade, the longstanding constitutional right to abortion was no longer guaranteed. Subsequently, the sole abortion clinic in North Dakota relocated from Fargo to Moorhead, Minnesota, and contested the state’s previously repealed trigger ban on most abortions.
In response, the Republican-controlled North Dakota Legislature made revisions to the state’s abortion laws in 2023 amid the ongoing legal battle. The revised ban prohibited all abortions as a felony offense, except in cases where the pregnant woman’s life was at risk or in instances of rape or incest within the first six weeks of pregnancy. The law went into effect in April 2023. The Red River Women’s Clinic, alongside several medical professionals, challenged the law in court, citing concerns over its vagueness for doctors and the limited scope of its health exception.
In an interview, Center for Reproductive Rights Senior Counsel Marc Hearron stated that the plaintiffs would oppose any request for a stay. He emphasized the essential and time-sensitive nature of abortion care, particularly when provided in hospital settings or by specialists in maternal-fetal medicine. Meanwhile, Republican state Sen. Janne Myrdal, the sponsor of the 2023 bill, expressed confidence that the state Supreme Court would overturn the judge’s ruling. She criticized the judge’s decision as being based on personal opinions rather than legal grounds.
Judge Romanick acknowledged the challenge of addressing a matter of significant public importance without clear federal precedent following the repeal of Roe v. Wade. The uncertainty surrounding how the state appellate court would handle the issue added further complexity to the case. The legal battle over North Dakota’s abortion ban continues as both sides await further developments in the judicial process.
