Judge Bruce Romanick’s ruling means abortion is still legal in North Dakota, though the state’s only clinic — the Red River Women’s Clinic of Fargo — shut down as it challenged th…
By James MacPherson and Dave Kolpack | Associated Press
Romanick last month rejected a request from North Dakota Attorney General Drew Wrigley to let the law take effect while the Red River clinic’s lawsuit went forward. Romanick based his earlier decision on several factors, but Wrigley argued he had not sufficiently considered the clinic’s chances of prevailing in court. The North Dakota Supreme Court agreed and told Romanick to take another look.
But he also wrote there is a “substantial probability” that the law is unconstitutional because of the constraint it places on doctors. Specifically, he took issue with the fact that the ban allows cases of rape or incest to be raised as an affirmative defense to administering an abortion — but notes that doctors could be prosecuted in the first place.
“We want physicians who are treating patients to feel like they can use their best medical judgment and training and not be looking at the law books as to how they can take care of patients,” she said.
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