North Dakota abortion ban blocked in court: Here’s how state lawsuits now stand

know about North Dakota abortion ban blocked in court: Here’s how state lawsuits now stand

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North Dakota’s “triggering ban” on abortion was blocked in state court Thursday before the law took effect Friday, as abortion providers filed a series of lawsuits aimed at stopping the bans. at the state level that went into effect after the United States Supreme Court overturned Roe v. Wade.

key facts

North Dakota: a state judge issued a court order that prevented the state’s abortion ban from going into effect Friday, even though the state’s only abortion clinic, which filed the lawsuit, has already moved out of state, after earlier transmitter a temporary restraining order in July that delayed enforcement of the law.

South Carolina: The state Supreme Court temporarily blocked his six-week abortion ban on August 17, siding with abortion providers who argued the law violated the state Constitution, after a lower state judge ruled in July that the law could remain in force.

Georgia: A state Superior Court judge refused to block the state’s six-week abortion ban Monday as litigation against it continues, rejecting a request by abortion providers and advocates who sued to overturn the law after a federal judge allowed it to go into effect in July .

Idaho: The Idaho Supreme Court ruled on Friday that the state’s trigger law that bans nearly all abortions may take effect Aug. 25 as abortion providers litigate against them, and also allowed a six-week ban between effective immediately, which is modeled after Texas’ six-week abortion ban and allows private citizens to sue anyone who “aides and abets” an abortion in the state.

Wyoming: a state judge issued a preliminary injunction on Wednesday blocking the state’s activation law, which banned all abortions in the state with exceptions for rape, incest and medical emergencies, after previously pausing the law for just two weeks, siding with abortion providers who argued the law was too vague and ruling that it “lacks guidance” for providers who are unsure whether a patient they have can legally obtain an abortion .

Kentucky: a state judge issued a restraining order on June 30 that blocked both the state’s outright abortion ban and a separate ban on the procedure after about six weeks, and though a court first extended the block on July 22, an appeals court ruled on August 1 that the ban may go back into effect as the challenge progresses.

Louisiana: The state was the first to have its abortion activation law blocked in court on June 27 and the law has been on and off since; briefly went back in force on July 8 before being blocked againand a court of appeals then ruled on Friday, the law will go back into effect while the state appeals the court’s ruling (although it’s unclear when exactly the order formally putting it back into effect will be signed).

West Virginia: a state judge blocked the state’s pre-Roe abortion ban on July 18 as litigation against it progresses, as the judge sided with abortion providers who argued the 19th-century law conflicted with the state’s most recent abortion measures, though lawmakers are now hard pass a new ban in case the pre-Roe law remains blocked.

Utah: The state activation law was blocked on June 27 after taking effect hours after the Supreme Court ruling, as abortion providers argued the law violated the state Constitution, and a judge ruled on July 11 that must remain blocked as the case proceeds.

Mississippi: State Judge Debbra K. Halford denied a request on July 5 to block both the state’s trigger law banning all abortions and the six-week abortion ban, ruling that he did not believe the abortion providers’ lawsuit would ultimately succeed and they had not sufficiently shown that the prohibitions make them “irreparable”. harm,” and the abortion clinic that filed the lawsuit fallen her challenge because the clinic has closed.

Ohio: The State Supreme Court on July 1 refused a request by abortion providers to block the state’s six-week abortion ban as a lawsuit against them progressed, after the courts allowed the six-week ban take effect hours after Roe v. Wade was overruled on June 24.

Texas: A state judge issued a temporary restraining order that blocked The state’s pre-Roe abortion ban remains in effect June 28, allowing abortions to resume at least temporarily until Texas’ activation ban takes effect later in July, but the Texas Supreme Court later canceled that order on July 1, once again banning abortion in the state.

What to watch

More rulings and state lawsuits. Abortion providers and Democratic politicians have also filed lawsuits against abortion bans in Wisconsin Y Oklahoma that have entered into force or are scheduled to enter into force in the absence of Roe, and those challenges remain pending. Iowa Governor Kim Reynolds (R) has also asked a state court to reinstate a six-week ban, launching a legal battle over that law. Leaders of the American Civil Liberties Union, Planned Parenthood and the Center for Reproductive Rights, which have been largely behind the abortion ban lawsuits, told reporters July 1 that they intend to file lawsuits. additional.

pivotal appointment

“Every additional day, every additional hour that we can block a ban is making a huge difference for patients in the waiting room,” Nancy Northup, executive director of the Center for Reproductive Rights, told reporters on July 1, saying that providers’ immediate priority is to preserve access to abortion in states “while we can.”

Against

While state courts increasingly block abortion bans, federal courts allow other states’ bans to take effect. In addition to Ohio, Georgia Y South Carolinajudges in Tennessee, Indiana, North Carolina Y Alabama they have so far allowed state-level bans and restrictions on the procedure to be reinstated, after previously blocking them when Roe was still the law of the land and abortion was federally legal. A federal judge in Idaho partially blocked that state’s activation law in response to a lawsuit by the Biden Administration, which argued that it conflicted with federal law, but only when it came to abortions during medical emergencies.

Tangent

A Florida state judge briefly blocked the state’s 15-week abortion ban, which was enacted and challenged in court before the Supreme Court’s decision. The law went into effect July 1 until Leon County Judge John Cooper’s written order was issued on July 5, even though Cooper had said during a June 30 hearing that he intended to block the law However, Cooper’s order was only in place for a few minutes, as the Florida government immediately appealed the decision, which automatically froze Cooper’s order until another decision can be issued on whether or not it should be put back into effect. That means the 15-week ban is still in place for now. Florida Republicans passed the law even though the Florida Supreme Court upheld abortion rights in the state constitution, and abortion rights advocates fear the state court will overturn that precedent and give the state a license to ban abortion. abortion.

chief critic

State officials whose laws are being challenged have stood by their abortion bans. “We are fully prepared to uphold these laws in our state courts, just as we have in our federal courts,” Louisiana Attorney General Jeff Landry said in a statement Monday, accusing abortion providers of using “scare tactics,” and Utah Attorney General Sean. Reyes told the salt lake grandstand before the state’s abortion law was blocked that his office “will carry out its duty to defend state law against any and all potential legal challenges.”

key background

The US Supreme Court overturned Roe v. Wade on June 24, granting states license to ban the procedure altogether, as justices declared the landmark 1973 decision “grossly incorrect.” The court’s ruling led to abortion bans in 13 states, and the pro-abortion Guttmacher Institute projects that 26 states will ultimately ban or severely restrict the procedure. While abortion can now be banned under federal law, abortion providers’ focus now is to attack bans in state courts, arguing that even if the US Constitution will not ban it despite the Supreme Court’s ruling from USA

amazing fact

While most state lawsuits have argued that abortion-triggering bans violate state constitutions and the civil rights they provide, Louisiana abortion providers had to argue that state laws are unlawfully vague because they cannot make other arguments. under the state constitution. louisiana voters passed a ballot measure in 2020 stating: “Nothing in this constitution shall be construed to guarantee or protect the right to abortion or require the funding of abortion,” one of four states whose constitutions do not explicitly protect the right to abortion, along with Alabama, Tennessee and West Virginia.

Other readings

Roe V. Wade overturned: Here’s when states will start banning abortion, and which ones have already (Forbes)

Abortions may resume in Louisiana, at least for now, as triggering bans are blocked in state court (Forbes)

Judge issues temporary restraining order, barring Utah’s abortion law from going into effect (Desert News)

Supreme Court ruling on abortion sparks new court fights (Associated Press)

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