The state is asking the North Dakota Supreme Court to reinstate the abortion ban while an appeal is pending

BISMARCK, North Dakota (KFYUR). In September, South Central District Judge Bruce Romanick ruled in favor of the Red River Women’s Clinic, saying the abortion ban was unconstitutional, vague and had few exceptions.

First, the state is asking the high court to keep the repealed abortion law in place while an appeal is pending.

The revised law took effect in 2023 and allowed more exceptions for medical complications and cases of rape or incest. Earlier this month, Judge Romanik denied the state’s request to reinstate the law during the appeals process. In his filing with the state Supreme Court, Wrigley said irreparable harm would continue if the law is struck down, making unrestricted access to abortion legal during these legal proceedings. In a preliminary filing, the state says the district court erred in its analysis of how the abortion ban violates the state constitution. The clinic did not immediately respond.