Trial canceled in case challenging North Dakota abortion ban

The Burleigh County Courthouse is pictured on Thayer Avenue in Bismarck on March 13, 2024. (Michael Achterling/North Dakota Monitor)

The lawsuit over North Dakota’s abortion law is no longer set for trial, per a Monday notice issued by South Central District Court Judge Bruce Romanick.

The move follows a hearing last week on the state’s motion for summary judgment.

“The court will issue its full findings on summary judgment and/or a new notice of trial as soon as possible following this notice,” Romanick wrote in the document. The five-day trial had been scheduled for Aug. 26-30 in Burleigh County.

During the hearing, Special Assistant Attorney General Daniel Gaustad asked Romanick to rule in the defense’s favor before the lawsuit goes to trial, arguing that the plaintiffs have built their case on speculation and not facts.

Attorney for North Dakota asks judge to dismiss lawsuit over state’s abortion ban

Meetra Mehdizadeh, an attorney for the group of doctors bringing the case, told Romanick that since there are still factual disagreements between the plaintiffs and defense, a trial is warranted.

Romanick asked Mehdizadeh how a court trial would benefit the case when he had already reviewed all the documents in the court record.

“Your honor, I think the main thing is that hearing the testimony live from the experts as compared to reading their depositions would give you an opportunity to probe their credibility, Mehdizadeh replied.

Romanick has yet to rule on the motion.

The North Dakota Legislature in 2023 adopted a law banning abortion in all but two scenarios: When the pregnancy is a serious physical health risk to the mother, and during the first six weeks of a pregnancy that resulted from rape or incest.

Red River Women’s Clinic, a Minnesota abortion clinic formerly based in Fargo, and a group of reproductive health doctors in August filed suit against the state of North Dakota over the ban, arguing that it’s an unconstitutional violation of North Dakotans’ health care rights.

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