The North Dakota Supreme Court Thursday upheld a preliminary injunction on the state’s abortion ban while litigation on the matter proceeds.

The injunction stops enforcement of N.D.C. § 12.1-31-12, which went into effect after the US Supreme Court overturned Roe v. Wade in June and found that there is no federal right to abortion in the US. The injunction was initially granted by the North Dakota District Court for the South Central Judicial District in July. The court found that the plaintiff, Red River Women’s Clinic (RRWC), has a high likelihood of succeeding in the case.

The North Dakota Supreme Court reviewed the trial court’s decision and found that RRWC does, in fact, have a high likelihood of succeeding in the case because abortion is a constitutional right under Sections 1 and 12 of Article I of the North Dakota Constitution. The court thus upheld the preliminary injunction while the trial court determines whether the ban is unconstitutional and should be permanently struck down.

The enjoined statute provides that individuals who perform abortions on pregnant persons can be charged with a class C felony unless the pregnancy is a result of rape or insest or the abortion is performed to prevent death of the pregnant person.