Key takeaways:
- The North Dakota Supreme Court has ruled to keep in place a lower court order blocking the enforcement of the state’s trigger law banning abortion.
- The case was brought by the Red River Women’s Clinic (RRWC), which argued that the state constitution protected a right to an abortion in the limited instances of life-saving and health-preserving circumstances.
- The North Dakota Supreme Court’s ruling will keep the trigger law blocked while the lawsuit over its constitutionality proceeds, seen as a victory for abortion rights advocates in the state.
The North Dakota Supreme Court has ruled to keep in place a lower court order blocking the enforcement of the state’s trigger law banning abortion while a legal challenge continues. The court found that the measure likely violated the North Dakota Constitution.
The case was brought by the Red River Women’s Clinic (RRWC), which was once the state’s only abortion clinic. The clinic argued that the state constitution protected a right to an abortion in the limited instances of life-saving and health-preserving circumstances.
The trigger law was approved by the state legislature in 2007 and makes it a felony for a person to perform an abortion. As a result of North Dakota’s abortion restrictions, the clinic relocated to Minnesota.
The decision comes after the U.S. Supreme Court overturned Roe v. Wade, unwinding the right to an abortion under the federal constitution and leaving abortion policy to the states.
The North Dakota Supreme Court’s ruling will keep the trigger law blocked while the lawsuit over its constitutionality proceeds. The court’s decision is seen as a victory for abortion rights advocates in the state.
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