A North Dakota judge denied the state’s request to enforce an almost complete ban on ab*rtion.
Burleigh County Judge Bruce Romanick on Thursday rejected the request made by the state the lifting of its suspension of the ab*rtion law, while the constitutionality of the law is being challenged in court.
On August 25, Romanick complied with a request for a preliminary injunction issued by the Red River Women’s Clinic – which at the time was the only ab*rtion clinic in the state – the day before the law came into force.
The clinic closed in downtown Fargo and reopened in the neighboring town of Moorhead, Minn.
Earlier this month, state attorneys asked the judge to revoke his stay, arguing that North Dakota would win the case on appeal.
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But Romanick wrote on Thursday that “the court is not persuaded by the state’s argument that it should have been fully clarified whether either party has a” significant probability of success “” in the case.
Blocking the ban from taking effect, Romanick admitted that the clinic had already been moved to another state, but said the law would affect doctors and hospitals.
He added that he did not decide whether the clinic or the state would win the case. Instead, he found that more time was needed to make a proper judgment.
The liberating law, which was passed in 2007, was due to take effect if the Supreme Court ever overturned Roe v Wade’s landmark 1973 decision – on June 24.
The clinic sued the state, and on July 27, Romanick issued an injunction temporarily blocking the ban’s entry into force, writing that the state attorney general, Drew Wrigley, had “prematurely attempted to apply the initiating language” of the law – which would make it a Class C crime to get anyone to have an ab*rtion, with possible exceptions when the mother’s life is in danger or in the event of rape or incest.
A Class C offense is punishable by up to five years in prison and a $ 10,000 fine.
With News Wire services
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