AP

Judge puts hold on North Dakota trigger law banning abortion

Jul 27, 2022, 5:31 PM
WASHINGTON, DC - MAY 03: A pro-choice activist holds up a sign during a rally in front of the U.S. ...
WASHINGTON, DC - MAY 03: A pro-choice activist holds up a sign during a rally in front of the U.S. Supreme Court in response to the leaked Supreme Court draft decision to overturn Roe v. Wade May 3, 2022 in Washington, DC. In a leaked initial draft majority opinion obtained by Politico and authenticated by Chief Justice John Roberts, Supreme Court Justice Samuel Alito wrote that the cases Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey should be overturned, which would end federal protection of abortion rights across the country. (Photo by Alex Wong/Getty Images)
(Photo by Alex Wong/Getty Images)

FARGO, N.D. (AP) — A North Dakota judge on Wednesday put on hold the state’s trigger law banning abortion while a lawsuit moves forward that argues it violates the state constitution, ruling that the attorney general had prematurely calculated the date when the ban should take effect.

Burleigh County District Judge Bruce Romanick sided with the state’s only abortion clinic, the Red River Women’s Clinic in Fargo, that Attorney General Drew Wrigley “prematurely attempted to execute” the trigger language. The clinic had argued that a 30-day clock should not have started until the U.S. Supreme Court issued its certified judgment on Tuesday.

“Therefore the Court finds a temporary restraining order appropriate at this time,” Romanick wrote.

The ban had been set to take effect on Thursday. Shortly after the ruling, Wrigley said he was heading to the North Dakota Legislative Council’s office to drop off another certification of the U.S. Supreme Court ruling that reversed Roe vs. Wade. He did not comment about the judge’s order.

The ruling, which comes as various states grapple with potential bans and other restrictions often backed by Republican lawmakers, will give the Red River clinic more time to relocate a few miles away to Moorhead, Minnesota, where abortion remains legal. Clinic owner Tammi Kromenaker has said she will move there if litigation doesn’t block the North Dakota ban.

Kromenaker has declined to say when the new clinic will be ready, and did not immediately respond to a request for comment. Planned Parenthood, which at one point had said it would step in if needed, has since said that Kromenaker has assured them that there would be no interruption in service due to the clinic’s relocation.

Attorney Tom Dickson said the clinic was gratified by the court’s ruling and looks forward to the next hearing.

Destini Spaeth, the volunteer leader of an independent group that helps fund abortions in North Dakota, said it was an “emotional day” with the prospect of Wednesday being the last day for medical procedures at the clinic. She said she screamed when she heard about the order.

“More time is what we need, in terms of getting all our ducks in a row,” Spaeth said. “I’m not going to speculate on the rest of the lawsuit. We can’t really depend on North Dakota in terms of legislation and the judicial branch. But this is a blessing.”

Meetra Mehdizadeh, attorney for the Center for Reproductive Rights, which is helping the clinic with the suit, said the plaintiffs “will do everything in our power to fight this ban and keep abortion accessible in North Dakota for as long as possible.”

As for the larger question in the suit, the clinic argues in its lawsuit that the North Dakota Constitution guarantees the rights of life, liberty, safety, and happiness, all of which protect the right to abortion. The judge did not address that part of the complaint in his order.

North Dakota’s law would make abortion illegal in the state except in cases of rape, incest and the life of the mother.

KSL 5 TV Live

Top Stories

AP

Seven are dead after an explosion at a candy factory in West Reading, officials say. (WPVI via CNN)...
Associated Press

All 7 Pennsylvania chocolate factory explosion victims found

All seven bodies have been recovered from the site of a powerful explosion at a chocolate factory in a small town in eastern Pennsylvania, officials said.
13 hours ago
Gwyneth Paltrow carries two beverages as she walks past Terry Sanderson, the man suing her, after t...
Sam Metz

Man suing Gwyneth Paltrow to testify in Utah ski crash trial

The man suing Gwyneth Paltrow over a 2016 collision at an upscale Utah ski resort is expected to take the stand.
13 hours ago
This image released by Lionsgate shows Keanu Reeves as John Wick in a scene from "John Wick 4." (Mu...
Associated Press

‘John Wick: Chapter 4’ comes out blazing with $73.5M

“John Wick: Chapter 4,” the fourth installment in the Keanu Reeves assassin series, debuted with a franchise-best $73.5 million at the box office, according to studio estimates Sunday.
2 days ago
Russian President Vladimir Putin listens to Russian Transport Minister Vitaly Savelyev during their...
Associated Press

Putin says Russia will station tactical nukes in Belarus

Russian President Vladimir Putin announced plans on Saturday to station tactical nuclear weapons in neighboring Belarus.
3 days ago
Death Penalty Firing Squads Explainer...
Associated Press

Idaho governor signs firing squad execution bill into law

Republican Idaho Gov. Brad Little has signed into law a bill allowing firing squads to execute death row inmates when lethal injection drugs are unavailable, making Idaho the fifth U.S. state to allow the execution method.
3 days ago
Gwyneth Paltrow on the stand...
Sam Metz, Associated Press

Gwyneth Paltrow insists Utah ski collision wasn’t her fault

Gwyneth Paltrow insisted Friday on the witness stand that a ski collision at an upscale Utah ski resort in 2016 wasn’t her fault, claiming the man suing her smashed into her from behind with his two skis.
5 days ago

Sponsored Articles

Stack of old laptops with dark background...
PC Laptops

Old Laptop Upgrades You Need to Try Before Throwing it Away

Get the most out of your investment. Try these old laptop upgrades before throwing it out to keep it running fast and efficient.
Happy diverse college or university students are having fun on their graduation day...
BYU MBA at the Marriott School of Business

How to Choose What MBA Program is Right for You: Take this Quiz Before You Apply!

Wondering what MBA program is right for you? Take this quiz before you apply to see if it will help you meet your goals.
Close up of an offset printing machine during production...
Les Olson IT

Top 7 Reasons to Add a Production Printer to Your Business

Learn about the different digital production printers and how they can help your company save time and money.
vintage photo of lighting showroom featuring chandeliers, lamps, wall lights and mirrors...
Lighting Design

History of Lighting Design | Over 25 Years of Providing Utah With the Latest Trends and Styles

Read about the history of Lighting Design, a family-owned and operated business that paved the way for the lighting industry in Utah.
Fiber Optical cables connected to an optic ports and Network cables connected to ethernet ports...
Brian Huston, CE and Anthony Perkins, BICSI

Why Every Business Needs a Structured Cabling System

A structured cabling system benefits businesses by giving you faster processing speeds and making your network more efficient and reliable.
notebook with password notes highlighted...
PC Laptops

How to Create Strong Passwords You Can Actually Remember

Learn how you can create strong passwords that are actually easy to remember! In a short time you can create new ones in seconds.
Judge puts hold on North Dakota trigger law banning abortion