It’s the first of what could be a series of challenges to anti-abortion legislation passed by the 2013 Legislature.
The Center for Reproductive rights is asking a Fargo judge to stop a law that says a doctor who performs abortions in North Dakota must have admitting privileges in a North Dakota hospital. That law would take effect August first, so the Center is asking for a preliminary injunction.
Center staff attorney Autumn Katz says the law is unnecessarily restrictive and would cause the Red River Women's Clinic to close down. She says the clinic has attempted to take steps to comply with the law, but nearby hospitals have indicated they will not grant admitting privileges to doctors who perform abortions at the clinic. She says she is confident that this law and others will be struck down because they are not constitutional
"Whether it's through outright efforts to ban abortions, or these more subtle, backdoor efforts, the result is the same," said Katz. "Women will be harmed if the only abortion clinic in North Dakota is shut down."
North Dakota Attorney General Wayne Stenehjem says he is meeting with his staff attorneys to draft a response.
"We of course will be defending the law passed by the Legislature," said Stenehjem. "We'll respond to the lawsuit in due course."
Stenehjem says the lawsuit is not surprising.
"There are a lot of things going on with respect to those abortion laws," said Stenehjem. "There is the on-going petition drive on three anti-abortion laws, and that time has not elapsed. That'll happen next month. And we'll see if the lawsuit is likely to proceed."
Stenehjem says if the petitions have enough signatures, the laws would be suspended until they are voted on in 2014.
Mississippi passed a similar law last year and it has since been blocked from taking effect by a federal judge.
