The North Dakota Supreme Court upheld a lower court's decision to block the state's abortion ban. The North
Key Highlights :
1. The North Dakota Supreme Court on Thursday kept in place a lower court order blocking enforcement of the state's trigger law banning abortion while a legal challenge continues.
2. The decision from North Dakota's highest court came in a case brought by an abortion provider, which was once the state's only clinic, 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.
3. The provider, Red River Women's Clinic, relocated to Minnesota as a result of North Dakota's abortion restrictions. North Dakota's trigger law was approved by the state legislature in 2007 and makes it a felony for a person to perform an abortion. It includes exceptions for abortions performed as a result of rape or incest, or to save the life of the mother.
4. The Red River Women's Clinic argued the trigger ban is unconstitutional, as the North Dakota Constitution provides for a fundamental right to abortion.
5. Implementation of the ban was tied to the Supreme Court's June decision reversing Roe, but the law has been blocked since late July, when a North Dakota district court granted a request to halt enforcement.
6. After the lower court approved the clinics' request for a preliminary injunction, North Dakota's attorney general asked the state supreme court to intervene and reinstate the trigger ban. But the state supreme court rejected the state's request to lift the preliminary injunction while the legal fight proceeds, finding the abortion clinics' suit has a substantial likelihood of succeeding.
7. "The North Dakota Constitution explicitly provides all citizens of North Dakota the right of enjoying and defending life and pursuing
The North Dakota Supreme Court on Thursday kept in place a lower court order blocking enforcement of the state's trigger law banning abortion while a legal challenge continues, finding the measure likely violated the North Dakota Constitution.
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