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Wrigley v. Romanick, et al.

Docket No. 20220260
Oral Argument: Tuesday, November 29, 2022 9:30 AM

Docket Info

Title
Drew H. Wrigley, in his official capacity as
Attorney General for the State of North Petitioner
Dakota,
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
Case Type
CIVIL ORIG. PROCEEDING : WRIT OF SUPERVISION (Civil)
Appeal From
Case No. 2022-CV-01608
South Central Judicial District, Burleigh County
Bruce A. Romanick
Oral Argument 11/29/2022

Parties' Statement of Issues

  • Petitioner

    Whether the district court abused its discretion by enjoining Section 12.1-32-12 without evaluating whether RRWC has a substantial probability of succeeding on the merits of its case against Wrigley, which is one of four factors courts must consider before granting a preliminary injunction.
    Whether the district court abused its discretion by enjoining Section 12.1-31-12 because the injunction is not supported by the law or the State Constitution.

  • Respondent

    1. Whether this Court should grant the extraordinary and rare relief of a supervisory writ when the District Court has now addressed the substantial probability of success on the merits?
    2. Whether the District Court abused its discretion when it determined that Respondents Access Independent Health Services, Inc. d/b/a Red River Women’s Clinic and Kathryn L. Eggleston, M.D. (“Providers”) had met their burden of showing that they were entitled to a preliminary injunction to prevent enforcement of N.D. Cent. Code § 12.1-31-12 (the “Abortion Ban” or the “Statute”) because (1) Providers are likely to succeed on the merits of their claims; (2) Providers and their patients will suffer irreparable injury absent injunctive relief; and (3) the potential harm to others and the public interest weigh in favor of granting the injunction?


Summary

Attorney General Drew H. Wrigley (the “State”) petitioned the North Dakota Supreme Court to assert its original supervisory jurisdiction and vacate the district court’s preliminary injunction of N.D.C.C. § 12.1-31-12. The State argues the district court abused its discretion in granting the preliminary injunction, because Access Independent Health Services, Inc., d/b/a Red River Women’s Clinic did not show they had a substantial likelihood of success on the merits. Red River Women’s Clinic argues the district court did not abuse its discretion in granting the preliminary injunction because Red River Women’s Clinic has a substantial likelihood of success on the merits, they would suffer an irreparable harm absent the injunction, without the injunction there will be harm to others, and without the injunction there will be an adverse effect on public interests.


Briefs

Filing Date Description
10/10/2022 PETITIONER BRIEF View
11/21/2022 RESPONDENT BRIEF (Access Indepent Health Service & Kathryn Eggleston) View
11/21/2022 SUPPLEMENTAL PETITIONER BRIEF View

Counsel

Party Type Name
AMICUS CURIAE PRIVATE PRACTICE Elizabeth Anne Elsberry - 06286
PETITIONER ATT. GENERAL OFFICE Courtney R. Titus - 08810
RESPONDENT PRIVATE PRACTICE Christina Anne Sambor - 06648
AMICUS CURIAE PRIVATE PRACTICE Christopher Eric Rausch - 06277
RESPONDENT DISTRICT JUDGE Bruce A. Romanick - 04390
AMICUS CURIAE PRIVATE PRACTICE Christopher Thomas Dodson - 05265
PETITIONER ATT. GENERAL OFFICE Matthew Arnold Sagsveen - 05613
AMICUS CURIAE PRIVATE PRACTICE Not Licensed in ND - 00002
RESPONDENT PRIVATE PRACTICE Not Licensed in ND - 00002

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 09/07/2022 NOTICE OF APPEAL : 09/07/2022 View
2 09/08/2022 Rec'd filing fee
3 09/08/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. View
4 09/08/2022 Notice Served on Matthew A. Sagsveen, Courtney R. Titus, Scott K. Porsborg, Austin T. Lafferty,
5 09/08/2022 Thomas A. Dickson, Naz Akyol, Meetra Mehdizade, Lauren Bernstein, Luna Barrington,
6 09/08/2022 Alexandra Blankman, Cassandra D’Alesandro, Liz Grefrath, Lauren Kelly, Todd Larson,
7 09/08/2022 Melissa Rutman & Caroline Zalka
8 09/20/2022 WRIGLEY RESPONSE ON APPEALABILITY View
9 09/22/2022 MOTION FOR PRO HAC VICE ADMISSION AND AFFIDAVIT OF PAUL B. LINTON View
10 09/22/2022 ACTION BY CHIEF DEPUTY CLERK - Granted
11 09/28/2022 Updated Affidiavit for Pro Hac Vice Appearance of Lauren Kelly View
12 09/28/2022 Updated Affidiavit for Pro Hac Vice Appearance of Lauren Bernstein View
13 09/28/2022 Updated Affidiavit for Pro Hac Vice Appearance of Luna Barrington View
14 09/28/2022 Updated Affidiavit for Pro Hac Vice Appearance of Alexandra Blankman View
15 09/28/2022 Updated Affidiavit for Pro Hac Vice Appearance of Cassandra D'Alesandro View
16 09/28/2022 Updated Affidiavit for Pro Hac Vice Appearance of Liz Grefrath View
17 09/28/2022 Updated Affidiavit for Pro Hac Vice Appearance of Naz Akyol View
18 09/28/2022 Updated Affidiavit for Pro Hac Vice Appearance of Meetra Mehdizadeh View
19 09/28/2022 Updated Affidiavit for Pro Hac Vice Appearance of Melissa Rutman View
20 09/28/2022 Updated Affidiavit for Pro Hac Vice Appearance of Colin McGrath View
21 09/28/2022 MOTION FOR STAY BY ATTORNEY GENERAL WRIGLEY View
22 09/28/2022 Order on Appealability and Procedure View
23 10/04/2022 ELEC. RECORD ON APPEAL DATED OCTOBER 3, 2022 (ENTRY NOS. 1-107) View
24 10/10/2022 PETITION FILED View
25 10/10/2022 PETITIONER BRIEF View
26 10/11/2022 ACTION BY SUPREME COURT (in part) - Granted View
27 10/12/2022 MOTION OF THE NORTH DAKOTA CATHOLIC CONFERENCE TO FILE AMICUS CURIAE BRIEF View
28 10/12/2022 ACTION BY CHIEF JUSTICE - Granted
29 10/12/2022 AMICUS CURIAE BRIEF (ND Catholic Conference) View
30 10/13/2022 MOTION BY JUDGE ROMANICK FOR AN EXTENTION OF TIME TO FILE DECISION View
31 10/14/2022 ACTION BY SUPREME COURT - Granted : 10/31/2022 View
32 10/13/2022 Rec'd 3 copies of ACB back from CD
33 11/01/2022 District Court Findings On Substantial Probability Factor View
34 11/02/2022 NOTICE OF ORAL ARGUMENT SENT
35 11/02/2022 1ST ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 1, 2022 (ENTRY NOS. 108-113) View
36 11/04/2022 Rec'd copies of ACB from Central Duplicating
37 11/04/2022 Rec'd copies of PTB from Central Duplicating
38 11/21/2022 Request for Radio/TV Coverage (KFYR-TV, KXMB-TV, The Bismarck Tribune, Prairie Public Radio, View
39 11/21/2022 and Forum Communications)
40 11/21/2022 ACTION BY CLERK - Granted
41 11/21/2022 RESPONDENT BRIEF (Access Indepent Health Service & Kathryn Eggleston) View
42 11/21/2022 SUPPLEMENTAL PETITIONER BRIEF View
43 11/21/2022 Rec'd 3 copies of RPB from CSD
44 11/21/2022 Rec'd 3 copies of PTB Supp from CSD
45 11/21/2022 MOTION OF THE ACOG, AMA & SMFM TO FILE AMICUS CURIAE BRIEF View
46 11/21/2022 AMICUS CURIAE BRIEF (ACOG, AMA & SMFM) View
47 11/21/2022 MOTION FOR PRO HAC VICE ADMISSION AND AFFIDAVIT OF JOCELYN KEIDER View
48 11/21/2022 MOTION FOR PRO HAC VICE ADMISSION AND AFFIDAVIT OF MOLLY A. MEEGAN View
49 11/21/2022 MOTION FOR PRO HAC VICE ADMISSION AND AFFIDAVIT OF KIMBERLY A. PARKER View
50 11/23/2022 ACTION BY CHIEF JUSTICE (Motion for leave to file amicus curiae brief) - Granted
51 11/23/2022 ACTION BY CHIEF DEPUTY CLERK (MOT. PRO HAC VICE ADMISSION - KEIDER) - Granted
52 11/23/2022 ACTION BY CHIEF DEPUTY CLERK (MOT. PRO HAC VICE ADMISSION - MEEGAN)
53 11/23/2022 ACTION BY CHIEF DEPUTY CLERK (MOT. PRO HAC VICE ADMISSION - PARKER)
54 11/23/2022 Rec'd 3 copies of ACB (ACOG, AMA, & SMFM) from CSD
55 11/28/2022 MOTION TO WITHDRAW AS COUNSEL (THOMAS A. DICKSON) View
56 11/28/2022 Notice of Appearance of Christina A. Sambor as In-State Counsel View
57 11/28/2022 Updated Affidiavit for Pro Hac Vice Appearance of Meetra Mehdizadeh View
58 11/29/2022 ACTION BY CHIEF JUSTICE (MOTION TO WITHDRAW) - Granted
59 11/29/2022 APPEARANCES: Matthew A. Sagsveen/Courtney R. Titus/Meetra Mehdizadeh/Christina A. Sambor
60 11/29/2022 ARGUED: Matthew A. Sagsveen/Meetra Mehdizadeh
61 11/29/2022 ORAL ARGUMENT WEBCAST
62 12/13/2022 Updated Affidiavit for Pro Hac Vice Appearance of Lauren Kelly View
63 12/13/2022 Updated Affidiavit for Pro Hac Vice Appearance of Lauren Bernstein View
64 12/13/2022 Updated Affidiavit for Pro Hac Vice Appearance of Luna Barrington View
65 12/13/2022 Updated Affidiavit for Pro Hac Vice Appearance of Alexandra Blankman View
66 12/13/2022 Updated Affidiavit for Pro Hac Vice Appearance of Cassandra D'Alesandro View
67 12/13/2022 Updated Affidiavit for Pro Hac Vice Appearance of Liz Grefrath View
68 12/13/2022 Updated Affidiavit for Pro Hac Vice Appearance of Naz Akyol View
69 12/13/2022 Updated Affidiavit for Pro Hac Vice Appearance of Melissa Rutman View
70 12/13/2022 Updated Affidiavit for Pro Hac Vice Appearance of Colin McGrath View