Judge Blocks North Dakota's Medication Abortion Reversal Law

The law required doctors to tell patients they could reverse their "medicated abortion" if they acted quickly and underwent what a judge called "unproven medical treatment."
Tammi Kromenaker, director of the Red River Women's Clinic, poses for a photograph in Fargo, North Dakota on July 2, 2013. Th
Tammi Kromenaker, director of the Red River Women's Clinic, poses for a photograph in Fargo, North Dakota on July 2, 2013. The Center for Reproductive Rights sued the state of North Dakota on behalf of Red River Women's Clinic and the American Medical Association

FARGO, N.D. (AP) — A federal judge in North Dakota on Tuesday blocked a state law enacted earlier this year that required physicians to tell women they may reverse a so-called medication abortion if they have second thoughts.

North Dakota is among eight states to pass or amend laws requiring doctors to tell women undergoing medication abortions they can still have a live birth after the procedure. The other states with similar laws are Arkansas, Idaho, Kentucky, South Dakota, Oklahoma, Nebraska and Utah. Five of those laws were passed this year.

The North Dakota law also would require doctors to tell the patient “time is of the essence” if she changes her mind.

Tammi Kromenaker, director of North Dakota’s sole abortion clinic in Fargo, which filed a lawsuit in June, said the law would force doctors to give false information that is not backed up by science.

’It’s simple,” Kromenaker said. “Patients need to be able to trust their providers.”

U.S. District Judge Daniel Hovland said in his order that state lawmakers should not be mandating unproven medical treatments and the provisions of the bill “go far beyond” any informed consent laws addressed by the U.S. Supreme Court, Eighth U.S. Circuit Court of Appeals “or other courts to date.”

Hovland was nominated by President George W. Bush in 2002 and confirmed by the U.S. Senate that same year. He is scheduled to take senior status this year.

Supporters say the hormone progesterone may stop an abortion after a woman has taken the first of two medications needed to complete the abortion. Republican state Rep. Daniel Johnston, who sponsored the bill, said earlier that the measure does not restrict abortions and couldn’t see “how anyone could be against it.” Republican North Dakota Gov. Doug Burgum signed the bill in March.

Marc Hearron, attorney for the Center for Reproductive Rights, said the issue came down to free speech and protecting the First Amendment rights of physicians.

“Across the country, doctors are being used as political pawns in the attack on abortion,” Hearron said. “We all have the right to free speech and to speak the truth. That doesn’t change because you’re a doctor who provides abortion care.”

The complaint from the Center for Reproductive Rights on behalf of the Red River Women’s Clinic and the American Medical Association also targets an existing law requiring doctors to tell patients that abortion terminates “the life of a whole, separate, unique, living human being.” The court has yet to rule on that aspect of the suit.

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