North Dakota's abortion trigger ban not set until litigation is completed

The future of abortion in North Dakota remains unclear on Friday. A day after a judge blocked a trigger ban from taking effect in the state, the Attorney General tells us there is no set date for a ban to begin. The judge said he needs to weigh arguments from the Red River Women's Clinic that the law violates the state constitution.

The Red River Women's Clinic in downtown Fargo.
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NORTH DAKOTA — Since North Dakota's only abortion clinic moved to Moorhead, the delay in the trigger law banning abortions in the state does not really change anything for the Red River River Women's clinic right now.

Though clinic director Tammi Kromenaker told WDAY News she is still relieved by the ruling, and is happy the judge acknowledged the impact a ban would have on patients. Attorney General Drew Wrigley also weighed in on what this means for the future of the trigger ban.

The trigger is in limbo. Wrigley said there is no new date for when the ban will take effect.

Judge Bruce Romanick ruled the trigger ban cannot go into effect until they finish ongoing litigation, which challenges the constitutionality of the North Dakota abortion ban.

"We followed North Dakota law to the letter, and now the court is saying nope, I won't let you implement North Dakota law until we have a hearing on the constitutionality of the provision itself," Wrigley said.


It is the second time the trigger ban was delayed, a month after the courts decided Wrigley activated the trigger ban before the Supreme Court formally certified overturning Roe v Wade.

"The certification had to come out from the Supreme Court, which it did, and they didn't change it," Wrigley explained. "I mean they didn't change single syllable in the opinion. But whatever, that delay went by."

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The city council is creating its own ordinance, which would supersede a temporary countywide ban. That means a moratorium on THC products in Otter Tail County would not impact Sugar High Consulting and Dispensary, located in the heart of Fergus Falls.

When asked, Wrigley said he does not regret any of the steps he took to activate the trigger law. Wrigley reaffirmed, he is not frustrated with the delays, saying it's all part of the legal process.

Kromenaker said their new facility in Moorhead is the only place where they provide abortion care at this time. They have no definitive plans on if they will re-open the Fargo clinic to patients if the trigger ban ever goes away permanently.

She added it will be their corporate headquarters for the time being.

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