North Dakota's only abortion clinic fights to halt "trigger" ban
North Dakota's sole abortion clinic filed a lawsuit in state court Thursday seeking to block a "trigger" law banning abortion following the U.S. Supreme Court's decision to overturn Roe v. Wade.
The Red River Women's Clinic argues that the ban violates the rights to life, safety and happiness guaranteed by the state constitution. It said the ban also infringes on the right to liberty because it "deprives patients of the ability to control decisions about their families and their health."
The North Dakota lawsuit is just the latest litigation to take aim at restrictions on abortions after the Supreme Court said the procedure was no longer protected by the U.S. Constitution.
The suit also questions Attorney General Drew Wrigley's statement that the ban would take effect July 28. The clinic argued that the Supreme Court released its opinion on June 24 but has not yet issued its judgment, which it said is a necessary step to trigger the state ban. The clinic said the high court typically takes that step at least 25 days after the opinion.
In certifying the closure date, Wrigley said "there's not any ambiguity" in the Supreme Court decision. He said in a statement Thursday that his office is "carefully reviewing and evaluating" the complaint, but that he would not comment further until his response is filed.
Tammi Kromenaker, owner and operator of the Red River Women's Clinic in downtown Fargo, has said the facility would move across the river to Moorhead, Minnesota, if necessary but she would explore every legal option to keep it open in North Dakota.
"We have faced relentless attacks from North Dakota lawmakers who have long wanted us gone," Kromenaker said in a statement announcing the lawsuit. "But we will fight this draconian ban like the other outrageous bans and restrictions that came before it."
"In the meantime, we will keep our doors open to provide abortion care to patients who need us," she said.
Wrigley and Cass County State's Attorney Birch Burdick are named as defendants. Burdick said he hasn't had a chance to discuss the suit with Wrigley and could not comment specifically on it.
"Like we do on all our cases, we will follow North Dakota law, and any orders made by the court, as those may apply to any fact situations that arise in Cass County," Burdick said.