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Abortion North Dakota
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ND high court asked to lift injunction against abortion ban

An attorney for North Dakota has asked the state Supreme Court to strike down an injunction that had blocked the state’s abortion ban, saying a lower court judge was wrong to grant it

By JAMES MacPHERSON
Published - Nov 29, 2022, 01:28 PM ET
Last Updated - Jun 23, 2023, 10:12 AM EDT

BISMARCK, N.D. (AP) — An attorney for North Dakota asked the state Supreme Court on Tuesday to strike down an injunction blocking the state’s abortion ban, saying a lower court judge was wrong to grant it.

Matthew Sagsveen, an attorney for the state, told justices that Burleigh County District Judge Bruce Romanick “misconstrued the law” by granting the injunction.

Romanick’s ruling in October means abortion is still legal in North Dakota, though the state’s only clinic — the Red River Women’s Clinic of Fargo — shut down as it challenged the ban and has moved across the border to neighboring Minnesota.

Romanick had said that the Red River Women’s Clinic had a “substantial probability” of succeeding in its lawsuit, but also said there’s no “clear and obvious answer” on whether the state constitution protects a right to abortion.

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