The North Dakota abortion industry’s efforts to get the state’s law protecting preborn children blocked has failed — for now.
In November, several abortionists sued, along with the former Red River Women’s Clinic, asking for a temporary injunction on a specific portion of the law. This portion would penalize doctors for committing abortions for pregnancy complications that “pose a risk of infection, hemorrhage, high blood pressure, or which otherwise makes continuing a pregnancy unsafe.” They complained that the “serious health risk” language is “so vague” that they “don’t know at what point a condition rises to the level of being what the statute calls a ‘serious health risk.’”
“Physicians want to be able to provide treatment for their patients before their health declines and before they experience serious and potentially life-threatening complications,” Center for Reproductive Rights attorney Meetra Mehdizadeh said. “Because of the restrictions placed on abortion access in North Dakota, they don’t know whether they can do that legally.”
But on January 23rd, State Judge Bruce Romanick refused, saying the group had no authority to request an injunction. Romanick previously granted an injunction against North Dakota’s trigger law, which took effect after the Dobbs v. Jackson Women’s Health Organization ruling overturned Roe v. Wade in 2022. The Supreme Court upheld Romanick’s decision last March, so the state legislature passed a new bill, which was signed by Governor Doug Burgum.
That law is still being defended by North Dakota legislators, who applauded Romanick’s ruling.
“I think we have something that’s very clear for physicians to see,” State Senator Janne Myrdal said. “I think it’s common sense what we put in as far as the health exceptions, and it goes with the intent of the legislators, so I applaud this judge for reading into it and realizing that the authority lies with us, as far as writing the law, and interpreting it simply shouldn’t be that hard for the physicians.”
The lawsuit will continue to move forward, with a jury trial set to take place in August.
