The sole North Dakota abortion clinic filed a lawsuit Thursday in state court seeking to stop a “trigger law” banning abortions following the U.S. Supreme Court decision to overturn Roe v. Wade.
Red River Women’s Clinic claims that the ban violates rights to safety, happiness, and life guaranteed by the state constitution. The ban, it said, also violates the right to liberty as it “deprives patients the ability to make decisions about their families or their health”.
North Dakota’s lawsuit is the latest to target restrictions on abortions, after the Supreme Court ruled that the procedure was not protected by the U.S. Constitution.
The suit also challenges Attorney General Drew Wrigley’s claim that the ban will take effect on July 28. The clinic claimed that although the Supreme Court had released its opinion on June 24, it has not yet issued its judgement, which it stated is necessary to activate the state ban. According to the clinic, the judgment is usually issued by the high court within 25 days of the opinion.
Wrigley certified the closing date and stated that there was no “ambiguity” in the Supreme Court’s decision. Wrigley stated in a statement that his office was “carefully reviewing” and “evaluating” the complaint but would not comment on it until he has filed his response.
Tammi Kromenaker is the owner and operator the Red River Women’s Clinic downtown Fargo. She said that the facility would be moved across the river to Moorhead in Minnesota if needed, but that she would investigate all legal options to keep it open here in North Dakota.
Kromenaker stated in a statement that he had announced the lawsuit, “We have faced relentless attack from North Dakota lawmakers who long wanted us gone.” “But, we will fight this draconian prohibition like the other outrageous restrictions and bans that came before.”
She said, “In the interim, we will keep out doors open to provide care for patients who require abortion,”
Wrigley and Cass County Attorney Birch Burdick were named as defendants. Burdick stated that he had not had the opportunity to talk with Wrigley about the suit and couldn’t comment on it.
Burdick stated, “Like we do in all our cases,” that they will adhere to North Dakota law and any orders of the court as these may apply to any fact situation that arises in Cass County.
