North Dakota Abortion Biz Loses Bid to Overturn Law Stopping Dangerous Abortion Pill

State   |   Steven Ertelt, Kristi Hamrick   |   Jan 7, 2015   |   12:47PM   |   Fargo, ND

The sole abortion business in North Dakota lost its effort to overturn a pro-life law targeting the dangerous RU 486 abortion pill that has killed dozens of women worldwide and injures thousands of woman in the United States.

North Dakota women will be better protected from dangerous, life-ending drugs as the result of a decision by the North Dakota Supreme Court today. Last year, the state’s high court reversed a North Dakota trial judge and set aside his injunction of a law that regulates chemical abortion drugs.

The law requires that the drugs used to end pre-born life be administered only in the way approved by the FDA. Planned Parenthood and other abortion businesses frequently sell and use the drug in an off label manner that puts women’s lives and health at risk.

The Red River Women’s Clinic, the only abortion center in North Dakota, sued to overturn the law and ultimately lost its case today.

ru4867bThe North Dakota Supreme Court has declined to rehear arguments against their ruling that upheld a state law passed in 2011 that limits drug-induced abortions.

The state’s only abortion clinic petitioned the high court for a rehearing in November to clarify what it called ambiguities in the effects of House Bill 1297.

The bill makes it illegal for doctors to provide medication abortions unless they have a contract with another doctor who has admitting privileges at an area hospital.

The state’s high court upholding the bill’s constitutionality reversed a lower court decision that found it was essentially a ban on drug-induced abortions.

The clinic has ceased providing women with drug-induced abortions since the state Supreme Court’s original ruling in October.

“We know that women have died when given life-ending, chemical abortion drugs,” said AUL President and CEO Dr. Charmaine Yoest. “Big Abortion is determined to increase profits and take advantage of women by selling the dangerous drugs in ways that have been linked to at least eight deaths. But one by one, courts are telling Big Abortion ‘no.’”

The case, MKB Management v. Burdick, stems from a challenge to HB 1297, enacted in 2011 and sponsored by AUL ally Representative Bette Grande.

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AUL filed an amicus curiae “friend-of-the-court” brief on behalf of 49 North Dakota Legislators, including bill sponsor Representative Grande. The brief argued that the State Legislature had a substantial interest in regulating abortion to protect women’s health, and that the U.S. Supreme Court’s precedents supported the law.

Similar laws have already been upheld in Texas and Ohio, and last week a state trial court in Oklahoma refused to enjoin a 2014 abortion-inducing drug regulation while it evaluates abortion advocates’ challenge to that law. An Arizona law, preliminarily enjoined by the Ninth Circuit, is currently pending on a cert petition in the U.S. Supreme Court.