BISMARCK, ND — A lawsuit that had been pending in a court challenge to North Dakota’s abortion ban was dropped Monday while the judge in the case considers whether to dismiss the lawsuit. It was not immediately clear why the lawsuit was dropped.
U.S. District Judge Bruce Romanick has sent a notice to the parties regarding the lawsuit, saying the Aug. 26-30 trial has been canceled and removed from the calendar. The notice comes nearly a week after the state and plaintiffs, including North Dakota’s former only abortion clinic, presented their arguments to the judge as to why he should dismiss the two-year-old case or allow the trial to continue.
Romanick’s notice stated that he would issue “full findings on the summary judgment and/or a new notice of process” as soon as possible after this notice. He also remained on hold awaiting trial deadlines for various court filings until further notice.
A spokesperson for the Center for Reproductive Rights, which is representing the plaintiffs, said their side was not aware of any information beyond the notice at this time.
North Dakota declared outlaws abortion as a crime for people who perform the procedure, but with exceptions to prevent the death of the mother or a “serious health risk” to her, as well as in cases of rape or incest within the first six weeks.
The plaintiffs claimed that the abortion ban violated the state constitution because it was unconstitutionally vague about the exceptions for doctors and that the exception for health care providers was too narrow. They wanted the lawsuit to proceed.
The Associated Press sent a text message to North Dakota Attorney General Drew Wrigley.
The state had filed a motion for summary judgment to dismiss the complaint in the lawsuit originally filed in 2022 by the Red River Women’s Clinic. Special Assistant Attorney General Dan Gaustad said in court last week that the plaintiffs’ case is based on hypotheticals, that the clinic and its medical director — now in Minnesota — have no pending lawsuit, and that a lawsuit would make no difference.
The Red River Women’s Clinic archived the original lawsuit challenging the state’s now-repealed trigger ban, shortly after the U.S. Supreme Court overturned Roe v. Wade. The clinic then moved from Fargo, North Dakota, to neighboring Moorhead, Minnesota. In 2023, North Dakota’s Republican-controlled legislature rated the state’s abortion laws. Shortly thereafter, the clinic, joined by physicians in obstetrics, gynecology, and maternal-fetal medicine, archived an amended complaint.