BISMARCK – The North Dakota Supreme Court has declined to rehear arguments against their ruling that upheld a state law passed in 2011 that limits drug-induced abortions.
Lawyers for the Red River Women’s Clinic in Fargo, the state’s only abortion clinic, maintained the law, by outlawing off-the-label usage of drugs used in medication abortions, is essentially a ban on that type of abortion.
The clinic stopped providing drug-induced abortions in October, after the state Supreme Court’s overruled a Cass County District Court judge who agreed with the clinic and ruled the law was unconstitutional.
Three of the Supreme Court’s five justices found the law violates the U.S. Constitution. However, the state’s constitution requires at least four members of its high court to agree in order to declare a state law unconstitutional.
Clinic lawyers petitioned the high court for a rehearing in November to clarify what it called ambiguities in the effects of House Bill 1297. The ambiguities were related to a provision of the law making it illegal for doctors to provide medication abortions unless they have a contract with another doctor who has admitting privileges at an area hospital.
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The clinic’s lawyers did not respond to The Forum’s inquiry as to whether or not it would file an appeal of the high court’s decision.
