District Court Judge preliminarily enjoins North Dakota’s Abortion Pill Reversal Informed Consent Bill

By Dave Andrusko

As NRL News Today reported back in June, North Dakota’s only abortion clinic filed a federal lawsuit against HB 1336, which passed the state House 73-16 in late January and the state Senate 34-11 in February.

The Abortion Pill Reversal Informed Consent bill requires abortion facilities to provide information to any woman seeking an abortion about how she can potentially save her baby if she changes her mind after taking the first medication, but not the second. Eight other states have such a law.

This week, for now, the abortion clinic had its way. On September 10, in a 24-page-long decision, U.S. District Court Judge Daniel Hovland granted a preliminary injunction.

In his decision, Hovland wrote of HB1336, “Legislation which forces physicians to tell their patients, as part of informed consent, that ‘it may be possible’ to reverse or cure an ailment, disease, illness, surgical procedure, or the effects of any medication—in the absence of any medical or scientific evidence to support such a message—is unsound, misplaced, and would not survive a constitutional challenge under any level of scrutiny.”

Medora Nagle, Executive Director of North Dakota Right to Life, told Mary Farrow of the Catholic News Agency, “While this is a disservice to women, who have a right to this information, we’re hopeful that Attorney General Stenehjem will appeal and defend this common-sense law. Women have a right to know.”

“North Dakota legislators rightly believed that women should know about the procedure before starting the abortion process,” said Christopher Dodson, executive director of the North Dakota Catholic Conference. According to Farrow, Dobson added

“The abortion lobby co-opted the American Medical Association and used legal technicalities and medical complexities to deny women the right to know. We applaud the legislators who overwhelming supported HB 1336, Governor Burgum for signing the measure, the physicians who submitted testimony to the court in support of the law, and the Attorney General for defending women’s rights.”

As NRL News Today reported, the Red River Women’s Clinic worked in conjunction with the AMA and was represented by the Center for Reproductive Rights

In passing its abortion pill reversal notification law, North Dakota joined four other states in enacting such legislation in 2019: Nebraska, Oklahoma, Kentucky, and Arkansas. Overall nine states laws on their books requiring that women be informed about Abortion Pill Reversal (APR).

The basic APR framework requires that a woman not take the second of two drugs [misoprostol] and also takes progesterone to offset the effect of the first drug she has taken [mifepristone] 750 babies have already been saved, thanks to APR.

A study published last year in Issues in Law & Medicine involved

547 women showed outstanding results.

As it should have, the study used different regimens to see which approach was most successful. Two subgroups showed success rates of 64% and 68%, respectively.

The former received the progesterone intramuscularly initially or exclusively. The latter “received oral progesterone, 400 mg twice a day for three days, followed by 400 mg once a day until the end of the first trimester.”