What happens next after ND abortion ban was temporarily blocked? Law experts weigh in

Published: Jul. 28, 2022 at 5:54 PM CDT
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FARGO, N.D. (Valley News Live) - The abortion ban in North Dakota was blocked on Wednesday by a state district court judge. This have left some people asking what happens next for the Red River Women’s Clinic in Fargo, and some local law experts shared their thoughts on what North Dakotans could see in the coming months.

“I think as to this specific issue regarding when the ban can take into effect, it’s not very convoluted. " said Tyler Morrow of Morrow Law. “This is very simple. The statues simply says in black and white, 30 days from certification that a judgement was issued.”

Morrow said that North Dakota Attorney General Drew Wrigley made his certification based off of the opinion released by the U.S. Supreme Court in regard to reversal of Roe V. Wade, instead of waiting for the official decision which came on July 26. He also said that based off the law in 2007, abortions could have been banned even sooner when the leak was released earlier this year.

“The AG at that point of time could have said, I believe this law will now pass constitutional scrutiny,” said Morrow. “So under the old law, we probably could have had abortion banned in North Dakota four, five, six months ago.”

However, the language in the state’s trigger law was changed in 2019. Attorney Kylie Oversen thinks the next step in the process will be a preliminary injunction by State District Court Judge Bruce Romanick. She also thinks the clinic can operate as normal for the time being.

“What the judge in this case did was issue a temporary restraining order which basically says to keep everything as it is at this moment, status quo,” said Oversen. “The goal of this is to keep things as they are right now until future notice.”

Based off of Attorney General Drew Wrigley’s recertification on Wednesday, the ban could go into effect on August 27.

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