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WRIGLEY v. ROMANICK

No. 20220260.

988 N.W.2d 231 (2023)

2023 ND 50

Drew H. WRIGLEY, in his official capacity as Attorney General for the State of North Dakota, Petitioner v. The Honorable Bruce A. ROMANICK, Judge of the District Court, South Central Judicial District; Access Independent Health Services, Inc., d/b/a Red River Women's Clinic, on behalf of itself and its patients, and Kathryn L. Eggleston, M.D., on behalf of herself and her patients; and Birch P. Burdick, in his official capacity as the State's Attorney for Cass County, Respondents.

Supreme Court of North Dakota.

Filed March 16, 2023.

Attorney(s) appearing for the Case

Matthew A. Sagsveen (argued), Solicitor General, and Courtney R. Titus (appeared), Assistant Attorney General, Bismarck, ND, for petitioner.

Meetra Mehdizadeh (argued), Luna Barrington (on brief), Lauren Bernstein (on brief), Melissa Rutman (on brief), Colin McGrath (on brief), Naz Akyol (on brief), Alexandra Blankman (on brief), Cassandra D'Alesandro (on brief), Liz Grefrath (on brief), and Lauren Kelly (on brief), New York, NY, and Christina A. Sambor (appeared), Bismarck, ND, for respondents Access Independent Health Services, Inc., d/b/a Red River Women's Clinic, on behalf of itself and its patients, and Kathryn L. Eggleston, M.D., on behalf of herself and her patients.

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

Elizabeth A. Elsberry and Christopher E. Rausch , Bismarck, ND, and Jocelyn Keider , Boston, MA, and Molly A. Meegan and Kimberly A. Parker , Washington, DC, for amicus curiae American College of Obstetricians and Gynecologists, American Medical Association, and Society for Maternal-Fetal Medicine.

[¶1] North Dakota Attorney General Drew Wrigley, on behalf of the State of North Dakota ("the State"), seeks a supervisory writ to vacate the district court's order granting a preliminary injunction enjoining enforcement of N.D.C.C. § 12.1-31-12. The injunction was granted in Access Indep. Health Servs., Inc....

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