The state of North Dakota is asking a judge to pause his ruling from last week that struck down the state’s abortion ban until the state Supreme Court rules on a planned appeal.

The state’s motion to stay a pending appeal was filed Wednesday. State District Judge Bruce Romanick ruled last week that North Dakota’s abortion ban “is unconstitutionally void for vagueness,” and that pregnant women in the state have a fundamental right to abortion before viability under the state constitution.

Attorneys for the state said “a stay is warranted until a decision and mandate has been issued by the North Dakota Supreme Court from the appeal that the State will be promptly pursuing. Simply, this case presents serious, difficult and new legal issues.”