ND Supreme Court hears arguments on state’s abortion trigger law

Nd Supreme Court

BISMARCK, N.D. (KVRR) – The North Dakota Supreme Court will delay the announcement regarding the state’s trigger law which would ban abortions in the state after hearing oral arguments on Tuesday.

The Center for Reproductive Rights representing the Red River Women’s Clinic argues the state’s constitution protects abortion rights by guaranteeing the rights of life, liberty, safety and happiness.

The State Solicitor General argues the clinic shifted the burden onto the state and that a separation of power is what’s holding back the trigger law from taking effect.

“We’re dealing with a situation where the district court has applied this court’s task incorrectly in anticipation of a decision and shifted the burden to the state to prove that which Red River has not proven. The situation that we’re dealing with is the district court has essentially expressed his opinion through his order that the district court doesn’t like this statute and doesn’t want to enact it. That’s inconsistent with the court’s rules and it’s really inconsistent with the separation of powers,” North Dakota Solicitor General Matthew Sagsveen said.

“There is no reason that a patient should have to undergo physical and psychological torture during a pregnancy loss because the law has tied their doctor’s hands and moreover, tying a doctor’s hands in this way serves no state interest,” Attorney for the Center for Reproductive Rights Meetra Mehdizadeh said.

Justice Jon Jensen says the case will go under advisement which all cases go to until they reach a formal decision.

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