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Reactions to Roe v. Wade decision

The U.S. Supreme Court decision overturning the constitutional right to an abortion was met with joy in some quarters in North Dakota and outrage in others.

North Dakota has a “trigger law” that was previously passed in 2007 and was to take effect if the U.S. Supreme Court overturned Roe v. Wade. It makes performing an abortion a felony offense except in the case of rape or incest or when an abortion is needed to save the life of the mother.

“The United States Supreme Court has determined that the federal constitution leaves with States the authority to craft and enact laws defining abortion practices,” said North Dakota Attorney General Drew Wrigley in a statement released on Friday. “The ruling in Dobbs v. Jackson Women’s Health Organization shifts abortion regulation away from the courts and onto the shoulders of the people’s elected representatives in the 50 state legislatures. This office is evaluating the Dobbs opinion in every detail and will give careful consideration to its impact on North Dakota’s abortion laws. By statute, this office has thirty days within which to certify whether the Dobbs decision gives effect to current North Dakota abortion laws that conflicted with previous United States Supreme Court decisions.”

“The Supreme Court’s ruling today has not only ignored 50 years of legal precedent, but took an extreme step to strip fundamental constitutional rights from the American people. Due to a trigger ban passed in 2007, North Dakota will outlaw abortion within the next 30 days,” said Tammi Kromenaker, owner and clinic director of the Red River Women’s Clinic in Fargo, which has been North Dakota’s only abortion clinic, in a statement on Friday. “Although Red River Women’s Clinic will continue to operate just across the river in Minnesota, I will mourn the loss of our clinic in North Dakota. As the sole abortion provider in North Dakota for over two decades, we have battled to overcome insurmountable obstacles and provided uninterrupted abortion care for our patients and their families. While we may not be within the boundaries of North Dakota anymore, Red River Women’s Clinic and the services our community relies on are here to stay. We will continue to fulfill our mission of providing the quality reproductive healthcare that every person seeking care should have. Our patients deserve nothing less.”

Planned Parenthood North Central States issued a statement indicating that abortion will remain legal in Minnesota, Iowa, and Nebraska, though both North Dakota and South Dakota have trigger laws banning abortion as soon as Roe v. Wade is overturned. According to Planned Parenthood, it paused scheduling abortion appointments at its Sioux Falls health center, though that center continues to offer birth control, IUD, gender affirming hormone therapy, and other sexual and reproductive health care needs. There is no Planned Parenthood health center in North Dakota.

The Planned Parenthood statement expressed outrage over the Supreme Court decision, which it called “an unconscionable rollback of fundamental rights for all people in the United States” that will “harm millions of people.”

“Because people’s right to access abortion is no longer guaranteed by federal law, it now depends on where you live and how much money you have to travel out of state for abortion care,” said Sarah Stoesz, president and CEO of Planned Parenthood North Central States, in a statement on Friday. “Forced pregnancy is a grave violation of human rights and dignity. “

The ACLU of North Dakota also expressed outrage and said women in North Dakota will now have fewer rights than in states where abortion remains legal.

“”Anti-abortion politicians have put North Dakota on the wrong side of history for too long, and the ACLU is determined not to let them off the hook,” said Libby Skarin, ACLU of North Dakota campaigns director in a statement on Friday. “The ACLU of North Dakota is mobilizing supporters to make sure that these anti-abortion politicians feel the consequences of their brazen disregard for our rights. Politicians who do not believe in protecting the civil rights and liberties of their constituents have no business in governors’ mansions, in state attorneys general’s offices or in state legislatures. The path to taking back our rights is long, but the ACLU will be there every step of the way until we all have the power to make the best decisions for ourselves and our families.”

Skarin added in the statement that the abortion ban will disproportionately affect racial minorities, those who are LGBTQ+, poor women, people who do not have legal immigration status and people living in rural areas and other areas far away from abortion clinics who don’t have the ability to easily travel to another state. Skarim also said the decision could lead to women who have miscarried facing suspicion, investigation, or arrest and patients and doctors being charged with crimes or facing jail sentences.

“The Supreme Court’s decision is deeply painful to all of us who believe that the right to control our own bodies and to make such deeply personal decisions is ours, not the government’s,” Skarin said in the statement. “Make no mistake: Politicians won’t stop here. The same anti-abortion extremists seeking to control the bodies of pregnant people are coming for our right to access birth control and gender-affirming care, marry who we love, and vote. While the courts are letting anti-abortion politicians attack our fundamental rights, they don’t get the final say — we do.”

The Bismarck Catholic Diocese responded with joy.

“Today marks the end of what can only be described as an almost 50-year national nightmare and tragedy,” said Bishop David Kagan in a statement released by his office on Friday. “This decision ends the supreme injustice of the flawed Roe v. Wade decision. It, again, gives state and federal officials the ability to protect children in the womb in the law. I urge state and federal officials to take this opportunity to enact laws which protect the child in the womb and support pregnant and parenting mothers.

“The Catholic Church has been praying and working tirelessly for this decision. We offer our gratitude to God and to all who have and continue to pray and work for the respect every human being deserves from conception to natural death and must have under the law.

“Roe v. Wade denied one of America’s founding principles that all men and women are created equal, with God-given rights to life, liberty and the pursuit of happiness. The result was the deaths of millions of children and the psychological and physical wounding of countless women and men.

“The challenge to protect every human life from abortion is not over and neither is our commitment to healing the wounds and social divisions brought on by abortion. As the Roman Catholic Bishop of Bismarck, I pledge to every woman and man our unwavering support and compassionate accompaniment as you seek healing from the wounds of abortion.

“The Church Universal and the Diocese of Bismarck have an unerring and unwavering commitment to building a culture of life in our society which supports marriages and families in every aspect of their daily lives. Our marriage preparation and enrichment programs in the diocese are available to all and our support for the pregnancy resource centers across the Diocese of Bismarck will remain strong.

“The Diocese of Bismarck continues to be committed to building that culture of life which protects the God-given dignity of every person from conception to natural death and which advances the common good of every person who is a child of God.”

North Dakota Gov. Doug Burgum, Sen. John Hoeven, R-N.D., Sen. Kevin Cramer, R-N.D., and Rep. Kelly Armstrong, R-N.D., all also said they were pleased with the decision.

“Today’s landmark Supreme Court decision returns power to the states where it belongs,” said Burgum said in a statement on Friday. “Our administration has consistently supported pro-life legislation and this decision is a victory for the many North Dakotans who have fought so hard and for so long to protect the unborn in our state. We will now work diligently with the North Dakota Attorney General’s Office to fulfill our constitutional duty by carrying out the 2007 legislation that is triggered by the overturning of Roe v. Wade. We must now turn to prioritizing women’s health, including expectant mothers and children in need.”

“The Supreme Court’s decision respects the sanctity of life and rightfully denies that the Constitution provided a right to abortion,” said Hoeven in a statement on Friday. “The ruling is consistent with my work as Governor of North Dakota and in the Senate to advance pro-life legislation and support policies that protect the health of mothers and children. At the same time, this is a historic ruling for both life and states’ rights, and we will continue working to protect the unborn and preserve the sanctity of life.

“This ruling from the Supreme Court is a win for life and states’ rights,” said Cramer in a statement issued on Friday. “It is one of the most consequential decisions in my lifetime. In the last 50 years since the Roe v. Wade decision, millions of helpless babies have been murdered. Countless lives will now be saved and the fundamental principle of federalism is restored. This ruling reaffirms the tradition of the State of North Dakota to protect every human life whether unborn or aged, healthy or sick, and I am heartened the majority of the Supreme Court agrees.”

“The Supreme Court’s decision is a victory for life,” said Rep. Kelly Armstrong in a statement on Friday. “The power to protect the unborn should be left to the people and their elected state representatives. I am proud to defend the right to life and liberty for every American, born and unborn. As we celebrate today’s decision, we must recommit to upholding the sanctity of life for all.”

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