Wrigley v. Romanick, et al.
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
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.
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 |