ND Judge: 2011 Abortion Law Unconstitutional
Even more North Dakota tax dollars and resources will be burned in the appeal.
A 2011 North Dakota law that outlaws one of two drugs used in nonsurgical abortions violates the state and U.S. constitutions, a state judge ruled Monday.
After a three-day trial in April, East Central Judge Wickham Corwin said he’d rule in favor of the state’s sole abortion clinic, calling the 2011 state law “simply wrongheaded.” Corwin officially ruled on the case Monday.
“No compelling state interest justifies this infringement …” Corwin wrote in his 58-page ruling. He already had granted an injunction preventing the law from taking effect.
Autumn Katz, staff attorney for the Center for Reproductive Rights, which is helping the Red River Women’s Clinic in Fargo with its legal challenges, argued that would essentially eliminate the procedure and illegally restrict abortion rights.
“The judge looked at the facts and the evidence and found the law served no rational state interest and struck it down on that basis,” Katz said.
Attorney General Wayne Stenehjem said Monday he will appeal to the North Dakota Supreme Court.