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MKB MANAGEMENT CORP. v. BURDICK

No. 20130259.

855 N.W.2d 31 (2014)

2014 ND 197

MKB MANAGEMENT CORP., d/b/a Red River Women's Clinic, Tammi Kromenaker, Kathryn L. Eggleston, M.D., Plaintiffs MKB Management Corp., d/b/a Red River Women's Clinic, Kathryn L. Eggleston, M.D., Appellees v. Birch BURDICK, in his official capacity as State Attorney for Cass County, Terry Dwelle, M.D., in his official capacity as the chief administrator of the North Dakota Department of Health, Defendants Terry Dwelle, M.D., in his official capacity as the chief administrator of the North Dakota Department of Health, Appellant.

Supreme Court of North Dakota.

October 28, 2014.

Attorney(s) appearing for the Case

Joseph A. Turman (appeared), Katrina A. Turman Lang (on brief), Fargo, N.D., Autumn Katz (argued), David Brown (appeared), Jennifer Sokoler (on brief), New York, N.Y., and Carmen Bremer (on brief), Dallas, TX, for plaintiffs and appellees MKB Management Corp., d/b/a Red River Women's Clinic and Kathryn L. Eggleston, M.D.

Douglas A. Bahr (argued), Solicitor General, and Douglas B. Anderson (appeared), Assistant Attorney General, Bismarck, N.D., for appellant.

Christopher T. Dodson , Bismarck, ND, Thomas Brejcha , Chicago, IL, and Paul B. Linton , Northbrook, IL, for amicus curiae North Dakota Catholic Conference.

Don R. Grande , Fargo, N.D., and Mailee R. Smith , Washington, DC, for amicus curiae North Dakota Legislators.

Sarah A. Herman , Fargo, N.D., for amicus curiae North Dakota Medical Association.

LaRoy Baird III , Bismarck, N.D., for amicus curiae Steven R. Morrison , Professor of Constitutional Law, North Dakota Women's Network, and North Dakota Council on Abused Women's Services.

PER CURIAM.

[¶ 1] Article VI, § 4 of the North Dakota Constitution requires the agreement of at least four members of this Court to declare a statute unconstitutional. Justice Kapsner and Surrogate Judge Maring have concluded that H.B. 1297 is unconstitutional under the North Dakota Constitution, Chief Justice VandeWalle and Justice Sandstrom have concluded that H.B. 1297 is constitutional under the state constitution, and Justice Crothers has concluded...

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