North Dakota
North Dakota judge refuses to block portion of state abortion ban
A North Dakota judge denied a request for a preliminary injunction Tuesday, allowing the state’s abortion ban to remain in effect. The Center for Reproductive Rights, a reproductive rights organization, filed a lawsuit challenging the state’s ban, which currently makes it a felony to perform or aid an abortion, with an exception for situations where women face death or a serious health risk. While the state ban provides an exception for situations of rape and incest, the exception only applies within the first six weeks of pregnancy.
The Center for Reproductive Rights, who filed a lawsuit against the state on behalf of the Red River Women’s Clinic, argued the strict exceptions in SB 2150—the state ban—are too narrow:
The medical exceptions language in the ban is extremely vague and makes it unclear how sick or near-death a patient must be before a doctor can intervene, or whether abortion is permitted when the fetus has a fatal condition. The ban contains a similarly confusing and narrow sex offenses exception that is limited to the first 6 weeks of pregnancy and would force physicians to determine whether a sex offense occurred before being able to provide an abortion.
The center further argued the ban violates the state constitution, which protects the right of pregnant people to obtain life-saving or health preserving abortions. The center asked the court to allow doctors to continue using their “good-faith medical judgment” to perform abortions in such situations.
State District Judge Bruce Romanick, however, found the request was “not appropriate,” stating the Plaintiffs “presented no authority for the Court to grant the specific relief requested.”
“Though we are disappointed by today’s decision,” the center wrote in a press release following the decision, “we remain confident we will prevail after the court hears further evidence of how this law harms pregnant North Dakotans.” The center further emphasized that the narrow exceptions of many abortion bans are not functional in practice, claiming “doctors are unclear who qualifies for the exceptions, and they are terrified to perform any abortion as they face years in prison.”
State Senator Jane Myrdal, who introduced the bill in 2023, approved of the court’s ruling. “I think we have something that’s very clear for physicians to see,” she stated. “It’s common sense what we put in as far as the health exceptions… and interpreting it simply shouldn’t be that hard for physicians.”
The legislature initially passed HB 1466 in 2007 as a “trigger” ban intended to limit abortion services if the US Supreme Court overturned the landmark Roe v. Wade decision that established the constitutional right to abortion. When the Supreme Court reversed Roe in June 2022, North Dakota Attorney General Drew Wrigley immediately triggered the ban. The state Supreme Court blocked HB 1466 in March 2023, finding the state constitution implicitly included the right to an abortion to preserve the pregnant person’s health or life. The following month, the North Dakota legislature passed the amended ban, SB 2150, that was at issue in Tuesday’s decision.
The court’s denial of the injunction is preliminary, and the court has not yet ruled on whether the ban violates the state constitution. “The Court specifically notes that it will certainly have to decide the ultimate constitutional issues in this case following the presentation of testimony and evidence to the Court,” Romanick wrote in the decision. “The parties, thus far, have only presented written and oral arguments to the Court. The Court’s decision in this order in no way limits the Court’s ultimate decisions in this matter.”
A jury trial is currently set for August 2024.
Submitted Photo
U.S. soldiers with the Nebraska and North Dakota National Guards, assigned to Joint Task Force-District of Columbia in support of the DC Safe and Beautiful mission, pose for a group photo at a hotel in Alexandria, Virginia, April 28. N.D. National Guard 2nd Lt. Caleb Hill, front row, far left, served as the officer in charge of the mission when soldiers assigned to JTF-DC responded to the shooting incident at the White House Correspondents’ Association dinner April 25. About 2,500 National Guard members are supporting the DC Safe and Beautiful mission, providing critical assistance to the Metropolitan Police Department to help ensure the safety of residents, commuters and visitors throughout the District. U.S. Army National Guard photo by Staff Sgt. Thomas Norris.
WASHINGTON – U.S. soldiers with the North Dakota, Arkansas and Nebraska Army National Guard, assigned to Joint Task Force-District of Columbia in support of the DC Safe and Beautiful mission, responded to a shooting incident at the White House Correspondents’ Association dinner (WHCAD) at the Washington Hilton in Northwest Washington April 25.
The Guardsmen were at the WHCAD at the request of the U.S. Secret Service (USSS) as an additional patrol unit created specifically for the event, which celebrates the contribution of news organizations and independent journalists alike who provide notable coverage relating to the presidential administration.
“Our mission was to assist the U.S. Secret Service with crowd control,” said Capt. Kevin Peatrowsky, an operations officer with the Nebraska National Guard (NENG) assigned to JTF-DC.
As the Guardsmen were monitoring their area of operations, they saw USSS agents sprint toward the hotel entrance.
“They were running full speed with their weapons drawn,” said Sgt. 1st. Class Allen Haney, a team member with the Arkansas National Guard. “We immediately followed suit.”
Staff Sgt. Kirsten Confer, a NENG combat medic and battle captain, recalled her response to the incident: “We fell back on our basic training. You run toward danger and move in a way that makes sense for the situation.”
According to Confer, the Guardsmen entered the hotel and immediately began securing the scene and ensured that the guests evacuated safely. At the direction of a federal agent, Confer began a rapid trauma assessment on the suspect which resulted in finding knives and ammunition on the shooter. Simultaneously, the Arkansas soldiers moved outside to provide crowd control at a pedestrian barricade outside the hotel.
“From there, we assisted wherever we could,” said 2nd Lt. Caleb Hill, a National Guardsman from North Dakota who served as the officer in charge for the mission. “We were initially helping with crowd control. After that, we realized that the USSS had begun rerouting everyone in the hotel, so we moved to the doors. We were controlling entry into the venue, so we had moved a couple more people outside, so we had five inside, eight outside.” Both Arkansas and Nebraska worked well alongside one another and, alongside the federal agencies. Hill also noted that relying on his soldiers allowed him to move to different teams, which helped allow him to plan and coordinate with different agencies.
According to 1st Lt. Jonathan Goins, a platoon leader with the Arkansas National Guard, Arkansas soldiers also helped establish a security perimeter for the staging of the presidential motorcade. Later, the team assisted federal agencies and MPD with crowd control, which helped clear the way for the president and administration officials, he said.
“Guardsmen on this mission represent the very best of the nation,” said U.S. Army Brig. Gen. Leland Blanchard II, the interim commanding general of the District of Columbia National Guard. “The world got a brief glimpse, but I see them each day serving and doing amazing things across the District.”
FARGO, N.D. (KELO) — The Sioux Falls Stampede staved off elimination with a 2-1 overtime win over the Fargo Force in game four of the USHL Western Conference Finals Saturday night.
Thomas Zocco scored the game-winner 12 minutes into the extra period. Arseni Marchenko put Fargo on the board first in the first period. Noah Mannausau tied the game for the Herd in the second period.
Sioux Falls outshot Fargo 53-49, including 9-5 in overtime. Linards Feldbergs made 48 saves.
Three of the four games of the series have gone to overtime. The winner-take-all game five is Tuesday at the Premier Center.
New ballot measure guide to be mailed to North Dakota voters ahead of election
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