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MKB Management Corp. v. Burdick

MKB Management Corp. v. Burdick

State court challenge to a North Dakota law that would effectively ban all medication abortions in the state by requiring compliance with conditions for the provision of “abortion-inducing drugs” that are impossible to meet. The law was temporarily blocked pending a hearing. In addition, in May 2013 the complaint was amended to also challenge SB 2305, a law requiring that any physician performing abortions obtain admitting privileges at a local hospital. In July 2013, the court issued a permanent injunction prohibiting enforcement of the 2011 law and left for determination only any new issues created by SB 2305. North Dakota appealed the permanent injunction of the 2011 law and the temporary injunction of the 2013 law to the North Dakota Supreme Court. The parties settled the portion of the case challenging the admitting privileges requirement in SB 2305 because the providers obtained privileges. Current Status: Three of the five judges on the North Dakota Supreme Court concluded that the medication abortion restrictions are unconstitutional. However, the North Dakota Constitution requires at least four judges to agree to declare a law unconstitutional. Because the four-judge threshold was not met, the law is in effect. (See the law here. See the February 2012 temporary injunction order here. See the permanent injunction here. See the North Dakota Supreme Court opinion here. Read more here.)