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Judge Romanick again denies North Dakota’s request to let its comprehensive abortion ban take effect

by | Sep 23, 2022

By Dave Andrusko

Here we go again. On September 9th, North Dakota Solicitor General Matthew Sagveen and Assistant Attorney General Courtney Titus asked Burleigh County District Judge Bruce Romanick to lift his stay on a trigger law banning abortion that he had granted to Red River Women’s Clinic, “arguing he failed to make the state’s lone abortion clinic show a likelihood of winning its challenge of the law.”

Yesterday, in a very brief order denying the state’s request, Romanick wrote that “the court is not convinced by the state’s argument that it was required to fully flesh out whether either party had a ‘substantial probability of succeeding'” in the case.

In issuing the preliminary  injunction blocking the abortion ban, Romanick’s August 25th order said it was to remain in effect until a further court order or the end of litigation in the case.

The law prohibits abortion except in cases of rape or incest or when the life of the mother is in danger.

When Romanick issued his August 25th order, Attorney General Drew Wrigley told Forum News Service 

the state is undeterred by Romanick’s order, which “temporarily pauses this abortion regulation from taking effect.”

“The merits of the law will be reviewed by the courts up ahead, and the Attorney General’s office will continue our efforts to ensure the eventual enforcement of the bi-partisan provision signed into law back in 2007,” Wrigley said in a statement

In 2007, North Dakota passed a bill that would outlaw abortion in the state within 30 days if the U.S. Supreme Court ever overturned the landmark 1973 Roe v. Wade decision, Jeremy Turley reported. “The 15-year-old legislation was triggered by the high court’s Dobbs v. Jackson ruling in June.”

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