The North Dakota Supreme Court has ruled that a state abortion ban will remain blocked while a lawsuit over its constitutionality proceeds
FILE - Pro-abortion rights signs are seen during the March for Life 2016 in front of the U.S. Supreme Court in Washington, Jan. 22, 2016. The North Dakota Supreme Court ruled Thursday, March 16, 2023, that a state abortion ban will remain blocked while a lawsuit over its constitutionality proceeds. BISMARCK, N.D. — — The North Dakota Supreme Court ruled Thursday that a state abortion ban will remain blocked while a lawsuit over its constitutionality proceeds.
“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,” Chief Justice Jon J. Jensen wrote in the ruling.
which abortion rights supporters say could stop doctors from performing abortions even if the mother's health is at risk.and moved operations a short distance from Fargo to Moorhead, Minnesota, where abortion remains legal. But the clinic's owner is still pursuing the lawsuit. Republican Attorney General Drew Wrigley was critical of the ruling. He said in a statement that the state Supreme Court chose “a path of its very own, by holding there is now also an un-defined ‘health’ exception to abortion regulation."
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