Physicians and Former Sole Abortion Provider Request Temporary Block of Restrictive Laws
BISMARCK, N.D. — In a bid to safeguard the lives and health of patients, physicians and the former sole abortion provider in North Dakota have appealed to a state district court judge to impose a temporary injunction on a section of the state’s revised abortion laws. The requested injunction, set to be heard on Wednesday, aims to prevent the enforcement of a law that restricts doctors from performing abortions in cases where continuing the pregnancy poses a risk to the patient’s life or health.
A Plea for the Use of Medical Judgment
The plea made by the physicians and abortion provider seeks to protect doctors who make decisions based on their “good-faith medical judgment” to perform abortions in situations where complications such as infection, hemorrhage, high blood pressure, or other factors render the pregnancy unsafe. North Dakota currently bans all abortions except in cases where a woman’s life is in danger or she faces a “serious health risk.” While the law criminalizes those who perform abortions, it does not penalize patients.
Physicians have expressed their concerns over the ambiguity of the law’s definition of a “serious health risk,” with attorney Meetra Mehdizadeh from the Center for Reproductive Rights stating that the lack of clarity leaves doctors unsure about when a condition reaches the threshold of posing a significant health risk.
Exceptions and Legal Battle
The revised abortion laws in North Dakota include exceptions for pregnancies resulting from rape and incest, but only within the first six weeks, often before women are aware of their pregnancies. The laws also permit the termination of nonviable pregnancies, such as ectopic and molar pregnancies.
The Red River Women’s Clinic, the former sole abortion provider in the state, filed a lawsuit against North Dakota following the U.S. Supreme Court’s Dobbs decision, which overturned the landmark Roe v. Wade ruling of 1973 that established the right to abortion nationwide. As a result of the legal battle, the clinic relocated from Fargo to Moorhead, Minnesota.
Earlier this year, while the lawsuit was ongoing, North Dakota’s Republican-controlled Legislature passed a bill that revised the state’s abortion laws. Governor Doug Burgum signed the bill into effect in April. In June, the clinic filed an amended complaint, joined by obstetricians, gynecologists, and maternal-fetal medicine specialists.
