North Dakota Supreme Court hears arguments over state's "trigger" ban on abortions

(Fargo, ND) -- The North Dakota Supreme Court heard arguments Tuesday pertaining to a preliminary injunction blocking the state's trigger ban on abortions from taking effect while litigation proceeds. . 

The plaintiffs, the Red River Women's Clinic, and its Medical Director Dr. Kathryn Eggleston, argue the North Dakota constitution guarantees the rights of life, liberty, safety, and happiness, all of which protect the right to abortion. A state court previously blocked the trigger law from taking effect and recently reaffirmed its decision to block the law while the plaintiffs’ challenge against the ban proceeds.

"The District Court misconstrued the law applicable to preliminary injunctions and applied the wrong test to determine Red River had a substantial probability of success on the merits," said Matthew Sagsveen, Solicitor General for the State of North Dakota.

"Vacating the preliminary injunction would cause catastrophic harm to patients, physicians, hospitals and the entire healthcare industry. It would force physicians to delay emergency medical care to any pregnant patient," said Meetra Mehdizadeh, the attorney representing the Red River Women's Clinic. 

The court did not indicate when it would issue a ruling in the case.