ND Judge overturns abortion ban; Red River Women’s Clinic says work isn’t done

MOORHEAD, Minn. (KVRR) — The State of North Dakota was asking State District Judge Bruce Romanick to dismiss the lawsuit challenging the state’s abortion ban due to the fact that the plaintiff, The Red River Women’s Clinic, had since moved to Minnesota.

However, in his decision, Romanick struck down the abortion ban, writing that the law was not narrowly tailored to promote women’s health or to protect unborn human life, and that as currently drafted, it “takes away a woman’s liberty and her right to pursue and obtain safety and happiness.”

“I think our patients are not going to fear the fact that seeking healthcare is illegal. We frequently hear from our patients ‘Can I even do this? Abortion is banned in my state, it’s illegal, can I even come there?’”

Romanick continued “Pregnant women in North Dakota have a fundamental right to choose abortion before viability exists under the enumerated and unenumerated interests protected by the North Dakota Constitution for all North Dakota Individuals, including women.” referencing the interests of life, liberty, safety and happiness.

In the ruling, Romanick also wrote, “If we can learn anything from examining history and prior traditions surrounding women’s rights, women’s health, and abortion in North Dakota, the Court hopes that we would learn this: that there was a time when we got it wrong and when women did not have a voice. This does not need to continue for all time, and the sentiments of the past, alone, need not rule the present for all time.”

Kromenaker says that Romanick’s decision is gratifying, after a long battle to overturn the North Dakota law.

“We felt confident that we had put forth excellent expert witness testimony. We’d undergone a number of depositions. The physicians that joined our suit from North Dakota brought forward very strong and compelling arguments.”She added that while the clinic has no intention of returning to North Dakota, they will continue working to provide healthcare to their patients living across the river.

“There’s still a number of very stigmatizing and difficult restrictions that are in place in that state … So we’re still going to be here for our patients, but our new home is in Moorhead, Minnesota,”

North Dakota Attorney General Drew Wrigley released a statement criticizing the ruling, but did not clarify if the decision would be appealed to the State Supreme Court.