A North Dakota judge says he'll keep the state’s ban on abortion from taking effect because there's a 'substantial probability” that a constitutional challenge to the law will succeed in court.
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 andIn his earlier ruling, Romanick noted the clinic’s uphill battle.
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.
Tammi Kromenaker, director of the Red River Women’s Clinic, said she was pleased that abortion remained “safe and legal” in the state. When Romanick blocked the law from taking effect last month, he acknowledged that the clinic had moved but noted doctors and hospitals would still be affected by the statute.
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