A former North Dakota abortion provider is challenging one of the nation’s strictest abortion laws, arguing the law “fragrantly violates” a court ruling supporting the right of patients to obtain the procedure to preserve their health.
FILE - Moving company workers unload boxes for the Red River Women's Clinic, formerly of Fargo, N.D., that is setting up in a commercial building in Moorhead, Minn., Aug. 5, 2022. . Attorneys for the Red River Women's Clinic and several physicians filed their amended complaint on Monday, June 12, 2023, in state district court.
Conservative states have been working to restrict abortion access in the wake of the U.S. Supreme Court last year overturning the constitutional right to an abortion. Other states, such as neighboring Minnesota, have moved to protect abortion access. The new law includes a felony penalty for those who perform an abortion. The penalty excludes patients who undergo the procedure.The amended complaint says the new law “prevents pregnant people from accessing necessary, time-sensitive healthcare and threatens their lives, health, and fertility.” The complaint says the law also “flagrantly violates” what the state Supreme Court recently held as “a fundamental right to obtain an abortion to preserve life or her health.
North Dakota Attorney General Drew Wrigley said he expected the amended complaint to be filed, and said his office is reviewing it. Chief Justice Jon Jensen wrote in the majority opinion, “The North Dakota Constitution explicitly provides all citizens of North Dakota the right of enjoying and defending life and pursuing and obtaining safety. These rights implicitly include the right to obtain an abortion to preserve the woman’s life or health.”
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Clinic, physicians challenge revised North Dakota abortion laws in ongoing lawsuitA former North Dakota abortion provider challenged one of the nation’s strictest abortion laws Monday, arguing the law “fragrantly violates” a court ruling supporting the right of patients in the state to obtain the procedure to preserve their life or health. The lawsuit initially filed last year by what was the conservative state’s sole abortion provider seeks to block a law recently approved by the Republican-led Legislature and signed by Gov. Doug Burgum. The law outlaws all abortions except in cases where women could face death or a “serious health risk” or pregnancies caused by rape and incest, but only in the first six weeks, when many women often don’t know they are pregnant.
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