North Dakota’s lawyers say July 28 abortion ban should stick

Jul 20, 2022, 3:11 PM | Updated: 3:29 pm

FARGO, N.D. (AP) — A motion seeking to block enforcement of a so-called trigger law that would shut down North Dakota’s lone abortion clinic should be denied because the law was administered properly and the lawsuit on the constitutionality of the ban is unlikely to succeed, the state attorney general’s office says.

A 20-page response filed Wednesday by the state argues that a judge should not grant a request by the Red River Women’s Clinic in Fargo to delay the July 28 closing date that was certified by Attorney General Drew Wrigley a few days after the U.S. Supreme Court overturned Roe v. Wade.

The clinic said Wrigley was premature in starting the 30-day countdown under the trigger ban. Rather than ruling on the opinion, the clinic said, Wrigley should have waited until the official judgment was sent to lower courts, which is likely to happen in a few days.

The North Dakota Legislature passed its trigger law in 2007 that made abortion illegal in the state except in cases of rape, incest and the life of the mother. The measure said the ban will go into effect 30 days after the “issuance of the judgment in any decision of the United States Supreme Court which, in whole or in part, restores to the states authority to prohibit abortion.”

The response written by state attorneys Matthew Sagsveen and Courtney Titus said the only condition to shutting down the clinic was whether the U.S. Supreme Court case that effectively reversed federal abortion protections was clear. Wrigley properly construed that case, as well as the trigger language, and properly issued the certification, the state’s document said.

Meetra Mehdizadeh, a staff attorney at the Center for Reproductive Rights and one of several lawyers working on behalf of the Fargo clinic, said Wrigley is trying to enforce a “draconian near-total abortion ban” by circumventing state law.

“The state has been relentless in its efforts to push out the last remaining abortion clinic with no consideration for the real, dangerous impacts on people’s health and lives,” Mehdizadeh said. The clinic has until the end of the day Monday to file its response.

The motion for a temporary restraining order and preliminary injunction is part of the clinic’s suit arguing that the state constitution protects a woman’s right to abortion. The clinic said the ban violates rights to life, safety and happiness and infringes on the right to liberty because it “deprives patients of the ability to control decisions about their families and their health.”

The state’s response filed Wednesday said the clinic “ignores the history of abortion regulations in North Dakota probably because a fair considering of that history is fatal” to its argument.

Clinic director Tammy Kromenaker has said the lawsuit should at least give more time to provide abortion care in North Dakota while she prepares for a possible relocation a few miles away to Moorhead, Minnesota, where abortion remains legal. Most of the clinic’s patients come from North Dakota, Minnesota and South Dakota.

A GoFundMe page established to help pay for the clinic’s transition has raised close to $1 million.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

(Facebook Photo/Superior Court of Arizona in Yavapai County)...
Associated Press

Arizona judge has cases reassigned following DUI arrest

The Arizona Supreme Court has ruled that all cases currently assigned to a Yavapai County Superior Court judge recently arrested on suspicion of extreme DUI will be reassigned to other judges.
4 days ago
Haitian migrant Gerson Solay, 28, carries his daughter, Bianca, as he and his family cross into Can...
Associated Press

US, Canada to end loophole that allows asylum-seekers to move between countries

President Joe Biden and Canadian Prime Minister Justin Trudeau on Friday announced a plan to close a loophole to an immigration agreement.
7 days ago
Expert skateboarder Di'Orr Greenwood, an artist born and raised in the Navajo Nation in Arizona and...
Associated Press

Indigenous skateboard art featured on new stamps unveiled at Phoenix skate park

The Postal Service unveiled the “Art of the Skateboard" stamps at a Phoenix skate park, featuring designs from Indigenous artists.
7 days ago
(Facebook Photo/City of San Luis, Arizona)...
Associated Press

San Luis authorities receive complaints about 911 calls going across border

Authorities in San Luis say they are receiving more complaints about 911 calls mistakenly going across the border.
13 days ago
(Pexels Photo)...
Associated Press

Daylight saving time begins in most of US this weekend

No time change is observed in Hawaii, most of Arizona, Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam and the Northern Marianas.
21 days ago
Mexican army soldiers prepare a search mission for four U.S. citizens kidnapped by gunmen in Matamo...
Associated Press

How the 4 abducted Americans in Mexico were located

The anonymous tip that led Mexican authorities to a remote shack where four abducted Americans were held described armed men and blindfolds.
21 days ago

Sponsored Articles

(Photo: OCD & Anxiety Treatment Center)...

Here’s what you need to know about OCD and where to find help

It's fair to say that most people know what obsessive-compulsive spectrum disorders generally are, but there's a lot more information than meets the eye about a mental health diagnosis that affects about one in every 100 adults in the United States.
...
Fiesta Bowl Foundation

Celebrate 50 years of Vrbo Fiesta Bowl Parade magic!

Since its first production in the early 1970s, the Vrbo Fiesta Bowl Parade presented by Lerner & Rowe has been a staple of Valley traditions, bringing family fun and excitement to downtown Phoenix.
...
Quantum Fiber

How high-speed fiber internet edges out cable for everyday use

In a world where technology drives so much of our daily lives, a lack of high-speed internet can be a major issue.
North Dakota’s lawyers say July 28 abortion ban should stick