North Dakota Supreme Court

d/b/a Red River Women’s Clinic v. Wrigley

January 24, 20252025 ND 26

Summary

The court denied the State’s motion to stay enforcement of the district court’s judgment declaring North Dakota’s abortion regulation statutes unconstitutional. Applying the established four-factor stay test, the majority concluded the State had not shown a strong likelihood of success because the statute was likely unconstitutionally vague and appeared unlikely to survive strict scrutiny, while the remaining factors did not favor a stay. The majority also held that the physician plaintiffs had standing to assert their own pre-enforcement due process claims. The separate opinions are not included because no separate-opinions block was provided.