The trial for a lawsuit challenging North Dakota’s abortion ban was canceled as the judge considers whether to dismiss the case. State District Judge Bruce Romanick issued a notice canceling the trial, which was scheduled for August 26-30. The state and plaintiffs, including the only abortion clinic in North Dakota, made arguments to the judge on why the case should be dismissed or proceed to trial. Romanick stated that he will provide full findings on summary judgment or issue a new trial notice soon.
The plaintiffs argue that North Dakota’s abortion ban is unconstitutional because of its vague exceptions for doctors and its narrow health exception. They wanted the trial to move forward to address these issues. The state had motioned for summary judgment to dismiss the complaint, arguing that the plaintiffs’ case is based on hypotheticals and that the clinic and its medical director lack standing. The Red River Women’s Clinic filed the original lawsuit against the state’s trigger ban, which was repealed after the U.S. Supreme Court decision on Roe v. Wade.
The Red River Women’s Clinic, originally based in Fargo, North Dakota, relocated to Moorhead, Minnesota, after the trigger ban was repealed. In 2023, North Dakota’s Republican-controlled Legislature revised the state’s abortion laws, prompting the clinic and medical professionals to file an amended complaint. The lawsuit has been ongoing for two years, with both sides presenting arguments to the judge on whether the case should proceed to trial or be dismissed. The cancellation of the trial indicates that the judge is considering dismissing the lawsuit.
A spokesperson for the Center for Reproductive Rights, representing the plaintiffs, stated that they were not immediately informed of the reason for canceling the trial. North Dakota outlaws abortion as a felony crime, with exceptions only in cases of the mother’s death or serious health risks, as well as for rape or incest within the first six weeks. The state’s Attorney General had not responded to inquiries from the Associated Press regarding the cancellation of the trial. The judge’s decision on whether to dismiss the lawsuit or proceed to trial is pending, as he reviews the arguments presented by both sides.
The cancellation of the trial has left both parties in the lawsuit awaiting the judge’s decision on the future of the case. The plaintiffs have raised concerns about the constitutionality of North Dakota’s abortion ban, while the state has argued that the case lacks merit and should be dismissed. The ongoing legal battle over the state’s abortion laws has implications for reproductive rights in North Dakota and could set a precedent for similar challenges in other states. The judge’s upcoming decision will determine the next steps in the lawsuit and could have significant implications for abortion access in the state.
