North Dakota
A chance to bring term limits back to life – The Boston Globe
Of course, there is a surefire way to guarantee more turnover in Congress: term limits. Imposing a hard cap on how long senators and representatives can retain their seats wouldn’t prevent scoundrels, zealots, and incompetents from getting elected. It would keep them from becoming entrenched in power. It would make congressional elections more competitive, more responsive, and more meaningful. It would encourage more good and talented people to run for office. And it would decrease the influence of lobbyists, whose clout depends on ties to long-time incumbents.
There is little about politics today on which Democratic and Republican voters agree, but the desirability of congressional term limits has long been an exception.
The Pew Research Center last fall measured public support for a number of proposed reforms, including automatic voter registration, expanding the Supreme Court, and requiring a photo ID to vote. By far the most popular proposal was a limit on the number of terms members of Congress can serve. An overwhelming 87 percent of respondents favored the idea. Similarly, researchers at the University of Maryland’s School of Public Policy, who have studied public attitudes on this issue since 2017, report that very large majorities of Republicans, Democrats, and independents consistently back term limits.
If congressional term limits command such widespread bipartisan regard, why don’t they exist?
Actually, they used to. A wave of citizen activism in the early 1990s led 23 states, comprising more than 40 percent of all the seats in Congress, to enact laws limiting the terms of senators and representatives. But in 1995, a sharply divided Supreme Court ruled in US Term Limits v. Thornton that neither the states nor Congress may add to the conditions for serving in Congress. In a 5-4 decision, the court ruled that inasmuch as the Constitution did not set a maximum number of terms for senators and representatives, states cannot do so either.
The dissent, written by Justice Clarence Thomas, was strong.
“Nothing in the Constitution deprives the people of each State of the power to prescribe eligibility requirements for the candidates who seek to represent them in Congress,” he observed. “The Constitution is simply silent on this question. And where the Constitution is silent, it raises no bar to action by the States or the people.”
At the time, the court’s ruling had the effect of nullifying congressional term limits in all the states that had adopted them. But nearly 30 years later, might the issue get a second look?
Maybe.
On June 11, North Dakota voters handily approved an amendment to the state constitution imposing an age limit on candidates for Congress. The new measure disqualifies anyone from running for the House or Senate if they would turn 81 before the term ends. Under the 1995 decision, the North Dakota law is unconstitutional, since it imposes an eligibility requirement to serve in Congress that isn’t in the Constitution. So it is widely assumed that the law will be challenged in federal court. Federal judges are bound by Supreme Court precedent, so the law will presumably be struck down by the district court, and that decision will be affirmed by the court of appeals.
But that would set up an appeal to the Supreme Court, providing an opportunity to revisit the issue — and perhaps overturn US Term Limits v. Thornton. Of the justices who were on the court in 1995, the only one still serving, as it happens, is Thomas. Another of the current justices, Neil Gorsuch, co-authored a 1991 law review article defending the constitutionality of term limits.
It might seem odd that a challenge to North Dakota’s congressional age limits law could conceivably open the door to undoing a Supreme Court precedent dealing with term limits. But the underlying issue is the same in both cases: whether the people in each state have the right to set the rules for gaining access to their ballot and representing them in Congress.
There is good reason for the public’s unflagging support for limiting congressional terms. Because the advantages of incumbency are so powerful, it has become incredibly difficult to dislodge a sitting member of Congress. US presidents, most governors, and mayors of many of the country’s largest cities are term-limited. Most Americans, across the political spectrum, have steadfastly believed senators and representatives should be too. Nearly 30 years ago the Supreme Court took the power to make that decision away from the people. Soon it may have a chance to restore it.
Jeff Jacoby can be reached at jeff.jacoby@globe.com. Follow him on X @jeff_jacoby. To subscribe to Arguable, his weekly newsletter, visit globe.com/arguable.
North Dakota
Morton County did not violate North Dakota’s open records law when the County Auditor, within a reasonable time, informed the requester that the requested records were not in the County’s possession.. – North Dakota Attorney General
27 Feb Morton County did not violate North Dakota’s open records law when the County Auditor, within a reasonable time, informed the requester that the requested records were not in the County’s possession..
in Opinions
February 27, 2026
Media Contact: Suzie Weigel, 701.328.2210
BISMARCK, ND – Karen Jordan requested an opinion from this office under N.D.C.C. § 44-04-21.1 asking whether Morton County violated N.D.C.C. § 44-04-18 by failing or refusing to provide records.
Conclusion: It is my opinion that Morton County’s response was in compliance with N.D.C.C. § 44-04-18.
Link to opinion 2026-O-06
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North Dakota
ND Supreme Court Justice Daniel Crothers retiring, stepping onto new path
BISMARCK, N.D. (KFYR) – The North Dakota Court System threw a reception for a retiring member of the state Supreme Court.
Justice Daniel Cothers is leaving after serving for more than 20 years.
He plans to step down on Feb. 28.
Before Crothers became a judge, he served as a lawyer and as president of the State Bar Association of North Dakota.
Mark Friese is set to replace Crothers starting March 9.
“He knows what is important and what to keep focused on. Justice Friese will be an exceptional replacement to me on the bench,” said Crothers.
Crothers plans to keep up on teaching gigs and spend time at his family’s farm as he steps into retirement.
Copyright 2026 KFYR. All rights reserved.
North Dakota
North Dakota ambulance providers losing money on every run, according to survey
By: Michael Achterling
FARGO (North Dakota Monitor) – North Dakota ambulance service providers lost nearly $500 on average for every patient transported to a medical facility last year, according to a survey.
The recent survey of three dozen providers in the state, conducted by PWW Advisory Group, was the result of a study created by House Bill 1322 passed during the 2025 legislative session. The group presented the results to the Legislature’s interim Emergency Response Services Committee on Wednesday.
The average revenue generated from an ambulance transport was about $1,100 during 2025, but the expenses were nearly $1,600, said Matt Zavadsky, an EMS and mobile health care consultant with PWW, based in Pennsylvania.
“They are losing money every time they respond to a call,” Zavadsky said during the meeting. “That financial loss has to be made up, typically, by local tax subsidies, fundraisers, bake sales, or all too often, service reductions to try and match expenses with the revenue they can generate.”
He said the problem cannot be fixed by billing reform alone because the revenue generated isn’t enough to fund the cost of readiness, such as personnel, equipment and supplies, among other items.
The survey highlighted 74% of ambulance provider expenses went to personnel costs, but equipment costs have also increased in recent years.
Zavadsky said survey respondents plan to invest about $12.9 million into vehicle and equipment purchases over the next five years, averaging to about $358,000 per provider. However, the cost of a new ambulance has risen to between $275,000 to $480,000 per vehicle. Prior to the COVID-19 pandemic, a new ambulance could cost up to $250,000, he said.
There are more than 100 ambulance service providers in North Dakota. The 36 survey respondents represented a diverse group of providers from city and county services to district-owned, hospital-based and private providers, he said. The average patient transport distance is 34 miles, according to the survey.
Zavadsky said the survey respondents reported 53% of their total revenue was generated from fees for service with the remaining 47% coming from local tax subsidies, state grants and other fundraising.
“What you guys are experiencing in North Dakota and what is happening in the local communities … is not the fault of the local communities, not the fault of the state, this is just our new normal,” Zavadsky said.
Rep. Todd Porter, R-Mandan, owner of Metro-Area Ambulance Service which serves Morton and Burleigh counties, said Medicare patients reimburse ambulance providers at a much lower rate than private insurance and Medicaid patients. He added Medicare patients make up about 60% of the call volume in the Bismarck-Mandan area.
“If we’re being underpaid for 60% of our call volume, then we have to make it up some place,” Porter said.
He said some providers can make up that difference in reimbursement with tax dollars, but not all providers have that option.
“We do other contracted work for nursing homes, hospitals, funeral homes in order to make up that difference,” Porter said. “This is a federal government problem. This is a CMS (Centers for Medicare and Medicaid Services) problem that we’ve known about for years.”
Porter also said ambulance services are not reimbursed for responding to a call with a Medicare patient that doesn’t require a transport to a hospital. According to the survey, about 17% of all ambulance calls don’t require transport to a medical facility.
The survey also showed about 2,300 of the nearly 33,600 patient transports billed last year ended up in collections after being more than 90 days delinquent, totalling $2.7 million, Zavadsky said. The average total of a claim sent to collections was about $1,100.
Zavadsky estimated the total of unpaid claims for more than 100 providers across North Dakota was about $5.8 million in 2025. Some providers don’t have procedures to pursue delinquent billing in collections, he said.
Rep. Jim Grueneich, R-Ellendale, chair of the committee, said the committee will take a deeper look at the data presented on Wednesday and may have recommendations, and possible draft legislation, to address the issue in the 2027 legislative session.
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