North Dakota's abortion ban will remain on hold during court appeal

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North Dakota's abortion ban will remain on hold during court appeal

2024-10-11 05:47 Last Updated At：05:52

BISMARCK, N.D. (AP) — North Dakota won't be allowed to enforce its near total abortion ban while the state appeals a judge's ruling that struck down the law.

The latest decision by District Judge Bruce Romanick means that, for now, his September ruling stands while the state appeals it to the North Dakota Supreme Court.

No abortion clinics have operated in North Dakota since the Red River Women's Clinic moved from Fargo to nearby Moorhead, Minnesota, in 2022. The move came after the U.S. Supreme Court overturned Roe v. Wade, triggering a North Dakota law that would have automatically banned most abortions. The statute was about to take effect when the clinic sued to stop it.

North Dakota’s abortion ban made performing the procedure a felony. The only exceptions were to prevent the mother’s death or a “serious health risk” to her. In cases of rape or incest, a patient could secure an abortion up to six weeks of gestation, which is before some people realize they are pregnant.

“The Court has found the law unconstitutional under the state constitution," Romanick said. "It would be non-sensical for this Court to keep a law it has found to be unconstitutional in effect pending appeal.”

The newest decision is important because it means people with serious pregnancy complications who go to hospitals seeking medical care don't have to worry about their treatment being delayed under the law, said Meetra Mehdizadeh, staff attorney for the Center for Reproductive Rights, who also is an attorney for the plaintiffs.

“It just makes pregnancy safer for everyone to know that if that does happen, they will have the option of being able to seek that care in-state and won't have to worry that their doctors are going to feel forced to delay care or that their doctors are not going to be able to provide standard-of-care treatment because of the law," she said.

Last month, the judge found North Dakota's abortion ban unconstitutionally vague, and ruled that pregnant women in the state have a fundamental right to abortion before a fetus is viable outside the womb.

The state plans to appeal that September ruling.

A text message was sent to North Dakota Attorney General Drew Wrigley Thursday seeking comment about whether the state would also appeal Romanick's most recent decision.

The judge heard arguments Thursday morning from attorneys representing the state and the abortion rights plaintiffs, including the women's clinic and several physicians.

In court, Special Assistant Attorney General Dan Gaustad said the September ruling raises questions and creates confusion about what it means for dozens of state's attorneys not named in the lawsuit and for other district court judges.

“Let's let the North Dakota Supreme Court decide this issue and let the law remain in place like it has been,” Gaustad said.

Melissa Rutman, an attorney for the plaintiffs, said the state hadn't met the requirements to stay the ruling that struck down the abortion ban.

“The court already concluded that there is confusion if the law is in effect because as a matter of law, the law is too vague on its face to afford doctors due process rights, and physicians are forced to guess whether their medical decisions will subject them to criminal liability,” she said.

The judge also said his previous order and judgment “are not confusing."

What to know about Hurricane Milton after it slammed Florida's Gulf Coast

2024-10-11 05:48 Last Updated At：05:51

As Hurricane Milton barreled into and across Florida, it spawned dozens of tornadoes, knocked out power to millions, damaged homes, flooded neighborhoods and led to hundreds of rescues. But the damage wasn't as bad as had been feared.

Gov. Ron DeSantis said that while the storm “was significant,” it “was not the worst-case scenario.” He noted that as he flew over some of the hard-hit areas, he saw that many homes that were built in recent years fared well.

“I’ve seen a lot of grit, I’ve seen a lot of determination and I’m very confident that this area is going to bounce back very, very quickly,” DeSantis said at a news conference in Sarasota, near where the storm made landfall on the Gulf Coast

The storm caused at least six deaths in the state, where some communities were still dealing with the damage from deadly Hurricane Helene two weeks ago.

Follow The Associated Press’ coverage of tropical weather at https://apnews.com/hub/hurricanes.

Milton came ashore Wednesday evening as a Category 3 storm in Siesta Key, a barrier island of white sand beaches about 70 miles (110 kilometers) south of the Tampa Bay area.

While the Tampa Bay area, home to over 3.3 million people, was spared a direct hit, there was still flooding and damage.

By Thursday afternoon, Milton had moved off Florida's east coast and became a post-tropical cyclone that no longer had hurricane-force winds.

Officials in hard-hit counties have warned people to beware of downed power lines, trees in roads, blocked bridges and flooding. Before Milton even made landfall, heavy rain and tornadoes lashed parts of southern Florida.

The storm knocked out power across a large section of the state, leaving over 3 million homes and businesses without electricity, according to poweroutage.us, which tracks utility reports.

In St. Petersburg, a crane working on a 46-story building toppled and a water main break led the city to shut down service. Also the roof of Tropicana Field, home to the Tampa Bay Rays baseball team, was destroyed.

Just inland from Tampa, the flooding in Plant City was “absolutely staggering,” according to City Manager Bill McDaniel.

The National Weather Service said almost 19 inches (48 centimeters) of rain fell in the St. Petersburg area.

A manufacturer of IV fluids critical to hospitals nationwide said its Daytona Beach factory and distribution center were left intact after Milton.

Officials were reporting at least six deaths as of Thursday afternoon.

Five people were killed when a tornado hit in the Spanish Lakes Country Club near Fort Pierce, on the Atlantic Coast, authorities said.

And in Tampa, police said the body of a woman in her 70s was found Thursday morning under a large tree branch.

DeSantis said in the afternoon that search-and-rescue operations were ongoing, with at least 340 people and 49 pets rescued so far.

It reached Category 5 strength with winds of 180 mph (290 kph) while still in the Gulf of Mexico, but then encountered wind shear nearing land that dropped it to Category 3 — less powerful but plenty strong. At landfall, maximum sustained winds were measured at 120 mph (about 205 kph).

Storm surge — one of the most devastating elements of any hurricane — was believed to top out at 8 to 10 feet (2.4 to 3 meters) in Sarasota County. That was less than feared. By comparison, Hurricane Ian’s 15-foot (4.6-meter) storm surge devastated the community of Fort Myers Beach two years ago.

Some might wonder if it is possible to control extreme weather events. But scientists say hurricanes are too powerful for that, and climate change is providing more fuel than ever for storms like Milton and Helene.

Three major theme parks in the Orlando area — Walt Disney World, Universal Orlando and SeaWorld — all closed as Milton approached but planned to reopen on Friday.

Several airports ceased operations as well. Orlando International Airport — the nation’s seventh busiest and Florida’s most trafficked — said it would start receiving domestic arrivals again Thursday evening and domestic and international departures would resume the following morning.

The Orlando airport said it sustained only minor damage, including a few leaks and downed trees.

Tampa's airport planned to reopen Friday morning. Milton damaged six jet bridges used to board planes, and crews were repairing leaks in the main terminal.