Judge suspends N.D. abortion law

FARGO — A controversial law regulating medication abortions in North Dakota won’t take effect until the political debate is resolved in Cass County District Court.

Judge Wickham Corwin approved a temporary restraining order Thursday preventing the new state law from taking effect on Aug. 1.

A national women’s reproductive rights group — on behalf of the Red River Valley Women’s Clinic — argues the law will “effectively ban” medication abortions.

The clinic, located in downtown Fargo, is the only abortion provider in North Dakota.

The Center for Reproductive Rights filed a lawsuit against state officials on Monday to challenge the law.

Supporters of the law, including the North Dakota Catholic Conference, contend it only requires adherence to standard health regulations and doesn’t ban or restrict abortions induced through medication.

The law itself requires that the use of any drug to induce abortions must meet FDA protocols and that its intended use be designated on the label.

Misoprostol — one of two drugs administered in combination to induce abortions — is labeled for the treatment of stomach ulcers, so North Dakota’s new law prevents its use for medication abortions.

According to the Center for Reproductive Rights, Corwin said the group raised “serious questions” that ought to be considered before the law takes effect.

“This law has nothing to do with protecting women’s health — it defies reason, science and medical expertise in a clandestine attempt to limit women’s access to abortion,” Center President Nancy Northup said in response to Corwin’s decision.

The restraining order blocks enforcement of the law until an Aug. 29 hearing at 10 a.m. in Fargo.

Cass County State’s Attorney Birch Burdick and Dr. Terry Dwelle, the state health officer, are the targets of the lawsuit.

Burdick was unavailable for comment Thursday.

Fargo legislator Bette Grande, who authored the law, said she agrees with the restraining order given the late-timing of the lawsuit.

“There isn’t time for the attorneys to get together before the law takes effect, so it’d be natural to do that,” Grande said. “Now we can get the pieces of the puzzle put together so we have proper preparation for the court.”

Grande said she found it “odd” the lawsuit was filed just two weeks before the law would take effect.

Supporters of the women’s reproductive rights group were present when legislative hearings began in January, Grande said, so they were aware of the proposal throughout the process.

While Grande is not a party in the lawsuit, she said she would make herself available to provide details about the intent of the law, if needed.

Kristen Daum is a reporter at The Forum of Fargo-Moorhead, which is owned by

Forum Communications Co.

Tags: north dakota, news, abortion