The North Dakota Supreme Court on Thursday kept in place a lower court order blocking enforcement of the state's trigger law banning abortion while a legal challenge continues, finding the measure likely violated the North Dakota Constitution.
, unwinding the right to an abortion under the federal constitution and leaving abortion policy to the states. The provider, Red River Women's Clinic, relocated to Minnesota as a result of North Dakota's abortion restrictions.
Implementation of the ban was tied to the Supreme Court's June decision reversing Roe, but the law has beensince late July, when a North Dakota district court granted a request to halt enforcement. After the lower court approved the clinics' request for a preliminary injunction, North Dakota's attorney general asked the state supreme court to intervene and reinstate the trigger ban.
The court found that after reviewing the state's history and traditions and the plain language of the North Dakota Constitution,"it is clear the citizens of North Dakota have a right to enjoy and defend life and a right to pursue and obtain safety, which necessarily includes a pregnant woman has a fundamental right to obtain an abortion to preserve her life or her health."
Nancy Northrup, CEO of the Center for Reproductive Rights, who filed the suit on behalf of the abortion providers, cheered the North Dakota Supreme Court for its ruling, saying it"rightfully" stopped the ban from taking effect.
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