'Made the right decision': North Dakota Supreme Court allows abortion services to proceed
16 March 2023
North Dakota's Supreme Court ruled in favor of the continuation of state abortion services, placing a hold on the state's proposed, restrictive abortion ban, Rolling Stone reports.
Per Rolling Stone, the high court "found the law violated the state's constitution, and the guaranteed 'right of enjoying and defending life and pursuing and obtaining safety."
NPR reports:
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.
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The state's Attorney General is not happy with the court's decision, according to Rolling Stone.
Rolling Stone reports:
Republican North Dakota Attorney General Drew Wrigley accused the state's Supreme Court of having "taken on the role of a legislative body, a role our constitution does not afford them." Wrigley promised that more legislation was coming, "our legislature has spent the past two months working on legislation that recrafts North Dakota’s abortion laws, and they will now have the opportunity to enact the will of North Dakotans," he wrote.
However, according to NPR, clinic director Tammi Kromenaker said, "The court made the right decision and sided with the people of North Dakota today. 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 been forced to close our doors here in Fargo, we will continue to serve the region at our new clinic in Moorhead, Minnesota."
Chief Justice Jon J. Jenson wrote in the ruling, "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."
Rolling Stone's full report is available at this link (subscription required). NPR's report is here.