Judge To Keep North Dakota Abortion Ban on Hold for Now

Judge To Keep North Dakota Abortion Ban on Hold for Now

North Dakota’s strict abortion ban remains on hold as a judge rules against enforcement during the state’s appeal.

At a Glance

  • District Judge Bruce Romanick’s decision keeps his September ruling in effect during the appeal process.
  • The ban classified performing an abortion as a felony with limited exceptions.
  • No abortion clinics currently operate in North Dakota.
  • The state plans to appeal the ruling to the North Dakota Supreme Court.

Judge’s Ruling Maintains Status Quo

District Judge Bruce Romanick has ruled that the state’s near-total abortion ban will remain unenforceable during an ongoing appeal process. This decision, for the time being, upholds Romanick’s previous September ruling, which found the law unconstitutional under the state constitution.

The contested law, which classified performing an abortion as a felony, allowed exceptions only to prevent the mother’s death or serious health risk, and in cases of assault or incest up to six weeks of gestation. Judge Romanick’s ruling emphasized the importance of maintaining the current legal status quo during the appeals process.

Impact on Medical Care and Legal Landscape

The decision has significant implications for healthcare providers and patients in North Dakota. While no abortion clinics currently operate in the state since the Red River Women’s Clinic moved to Moorhead, Minnesota in 2022, the ruling allows medical professionals to provide certain care without fear of legal repercussions.

“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,” Meetra Mehdizadeh of the Center for Reproductive Rights said.

The state’s Attorney General’s office, represented by Special Assistant Attorney General Dan Gaustad, argued for maintaining the law until the Supreme Court’s decision, citing potential confusion for state attorneys and judges. However, Judge Romanick dismissed these concerns, stating that his previous order and judgment were clear and not confusing.

Future Implications

The state’s plan to appeal the September ruling to the North Dakota Supreme Court sets the stage for a potentially landmark decision on abortion rights in the state. This case could have far-reaching implications for similar laws in other states and contribute to the evolving legal landscape of reproductive rights across the nation.

As the legal battle continues, North Dakota remains at the center of a broader national debate on the balance between state legislation and constitutional rights in the realm of reproductive healthcare. The outcome of this case will be closely watched by both advocates and opponents of abortion rights, as it may set precedents for future legal challenges in other states.

Sources

  1. North Dakota’s abortion ban will remain on hold during court appeal
  2. North Dakota judge vacates state abortion ban, ruling it unconstitutional