On Tuesday, State District Judge Bruce Romanick rejected a request for a preliminary injunction, stating that the request was “inappropriate” and that the plaintiffs had not provided sufficient evidence to justify the requested relief.
The Center for Reproductive Rights initiated legal proceedings on behalf of the Red River Women’s Clinic, contending that North Dakota’s SB 2150 was so vague that it placed abortionists who performed abortions at risk of prosecution. However, Judge Romanick stated that he would not prevent the enforcement of a portion of the legislation that doctors have identified as placing them at risk of prosecution if they perform an abortion to save a patient’s life or health. This information was conveyed by Jack Dura for the Associated Press.
In his ruling, Judge Romanick indicated that the plaintiffs appeared to request that he,
“By way of preliminary injunction, change the application of the exception from ‘reasonable medical judgment’ to ‘good faith medical judgment’. Plaintiffs have provided the Court with no legal authority that would allow the Court to rewrite the statute in this manner under the guise of granting injunctive relief”.
State Senator Jane Myrdal, who introduced the bill in 2023, expressed approval of the court’s ruling, as reported by Madeline Yingling. “I believe that we have established a clear framework for physicians to navigate,” she stated. “It is evident that the provisions regarding health exceptions are straightforward, and physicians should be able to interpret them with ease.”
Background:
Yingling subsequently proceeded to compose
The legislature originally passed HB 1466 in 2007 as a “trigger” ban, designed to restrict abortion services if the US Supreme Court overturned the landmark Roe v. Wade decision, which established the constitutional right to abortion. When the Supreme Court overturned Roe in June 2022, North Dakota Attorney General Drew Wrigley immediately triggered the ban. The state Supreme Court blocked HB 1466 in March 2023, finding that the state constitution implicitly included a right to abortion to preserve the health or life of the pregnant person. The following month, the North Dakota legislature passed the amended ban, SB 2150, which was the subject of Tuesday’s decision.
However, there is still much to be elucidated. For instance, Judge Romanick has indicated that he has not yet reached a decision as to whether the law contravenes the state constitution.
In his decision, Romanick wrote that the Court would have to resolve the ultimate constitutional issues in the case following the presentation of testimony and evidence to the Court. The parties have thus far presented only written and oral arguments to the Court. The Court’s decision in this order should not be construed as limiting the Court’s ultimate decisions in this matter.
The trial is scheduled to commence on 20 August 2024.
Daniel Miller is responsible for nearly all of National Right to Life News' political writing.
With the election of Donald Trump to the U.S. presidency, Daniel Miller developed a deep obsession with U.S. politics that has never let go of the political scientist. Whether it's the election of Joe Biden, the midterm elections in Congress, the abortion rights debate in the Supreme Court or the mudslinging in the primaries - Daniel Miller is happy to stay up late for you.
Daniel was born and raised in New York. After living in China, working for a news agency and another stint at a major news network, he now lives in Arizona with his two daughters.
