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US North Dakota court upholds women’s constitutional right to pre-viability abortion

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US North Dakota court upholds women’s constitutional right to pre-viability abortion


The US North Dakota District Court ruled Thursday that women have a constitutional right to pre-viability abortion under the constitutional interests in life, liberty, and happiness. South Central District Judge Bruce A. Romanick declared that the Amended Abortion Ban was unconstitutionally void for vagueness.

This ruling invalidates the Amended Abortion Ban, one of the strictest abortion bans in the US, which only allowed abortions where a woman’s life or health is at serious risk; or in cases of rape and incest if the pregnancy was less than six weeks along. Subject to further appeal, the right to abortion is now constitutionally protected in North Dakota.

Judge Romanick applied the “living constitution” doctrine to interpret the rights to life, liberty, and happiness guaranteed by North Dakota Constitution. He affirmed that the state constitution is a “living, breathing, vital instrument, adaptable to the needs of the day, and was so intended by the people when adopted.” Romanick also recognized that the North Dakota Constitution was drafted in a time when women were not viewed as full and equal citizens.

The court recognized that pregnancy profoundly affects the health and life of a woman and that the constitutional protections to life, liberty, and happiness should encompass a woman’s procreative autonomy. While the court acknowledged North Dakota’s history in informing constitutional interpretation, it held that “in and around 1889, North Dakota did deprive women of significant liberty interests and interests regarding their health.” However, Judge Romanick stated that this view should no longer apply in modern times.

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Tammi Kromenaker, Director of Red River’s Women’s Clinic, a plaintiff in the case, stated:

I feel like the court heard us when we raised our voices against a law that not only ran counter to our state constitution, but was too vague for physicians to interpret and which prevented them from providing the high quality care that our communities are entitled to.

The Amended Abortion Ban was North Dakota’s second attempt at banning abortion. The first was attempted in 2022 and blocked by the state’s highest court in Wrigley v Romanick. This led to the current bill, which repealed the first attempt and added exceptions for cases involving death, serious health risk, or rape.

The court stated that “the decision in this matter may be one of the most important this Court issues during its time on the bench.” Given its potential precedential impact and the history of litigation around the first bill, it is anticipated that North Dakota Attorney General will appeal the ruling to the higher state courts.

Since the US Supreme Court overturned the landmark Roe v. Wade ruling in 20022 with its decision in Dobbs v. Jackson Women’s Health Organization, women’s reproductive rights have been in a state of uncertainty. The status of a woman’s abortion right is now determined at the state level, leading to significant variations across the country.

 

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North Dakota voters to decide single-subject requirement for future constitutional amendments on June 9

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North Dakota voters to decide single-subject requirement for future constitutional amendments on June 9


On June 9, North Dakota voters will decide Constitutional Amendment 1, which would, if approved, create a single-subject rule for future constitutional amendments. A single-subject rule is a requirement for ballot measures to address a single subject, topic, or issue. Constitutional Amendment 1 would also establish a separate-vote requirement for legislatively referred constitutional amendments. This […]



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And he’s off

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And he’s off


BRECKENRIDGE — Coaches, teammates, friends and family gathered in the south parking lot of Breckenridge High School for another state tournament sendoff.

Friends, family, teammates and coaches joined Berndt for a photo before cheering him on as he rode off in the ceremonial convertible.

Corbin Abner Lee / Wahpeton Daily News

This year, it was Troy Berndt taking the ceremonial convertible ride. He is headed to St. Michael-Albertville High School for the Minnesota Class A State Track and Field Meet on June 4-6.

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Breckenridge track - Berndt, Erlandson and the Haires
Troy Berndt, left, give his supporters one last smile before embarking on his state journey. David Erlandson, next to Berndt, accompanied him in the convertible, and will be with him at the meet on June 4. Tom Haire, driving, and Christy Haire are in the front seats.

Corbin Abner Lee / Wahpeton Daily News

He will be running in the third heat of the 400-meter prelims, scheduled for 4:52 p.m. June 4. There are seven athletes in each heat, 21 total, and nine will advance to the finals at 6:20 p.m. June 5.

The top two finishers in each heat advance, along with the next three best times. Berndt’s personal best time of 50.67 has him seeded 13th, but the 10th-, 11th- and 12th-seeded runners are less than five hundredths of a second ahead of him. The eighth- and ninth-seeded runners are also close, at 50.33 and 50.39, respectively.

Berndt dropped nearly seven-tenths of a second from his previous personal best at the Section 6A West Subsection Meet on May 21, running 51.35, and shaved another 0.68 seconds off at the Section 6A Championships on May 28 with a time of 50.67. If he keeps lowering his time, he will have a shot at reaching the podium against the best runners in Class A.

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Breckenridge track - convoy
Berndt and company taking their spot in the convoy behind Breckenridge Fire Department and Police Department vehicles.

Corbin Abner Lee / Wahpeton Daily News

Results and photos will be available online immediately following the race June 4 and in the June 10 print edition of the Wahpeton Daily News.

Corbin Abner Lee

Corbin Lee is a sports reporter for the Wahpeton Daily News and Richland County News-Monitor. Corbin can be reached by calling (701) 291-3551 or emailing corbin.lee@wahpetondailynews.com.

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Today in History, 1971: Rugby repeats as North Dakota sand greens golf champion

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Today in History, 1971: Rugby repeats as North Dakota sand greens golf champion


On this day in 1971, Rugby repeated as North Dakota’s high school sand greens golf champion behind medalist Dwight Stempson’s winning performance.

Here is the complete story as it appeared in the paper that day:

Rugby Repeats As Sand Greens Golf Champion

RUGBY, N. D. — Rugby repeated as North Dakota high school sand greens golf champion here Wednesday, posting a four-man total of 293 strokes for 18 holes.

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Led by medalist Dwight Stempson’s medalist 36-35 — 71, the Panthers were eight strokes ahead of runnerup Stanley, which had a 301. Following were Garrison 311, Beulah 315, Leeds 322, Ashley 323, Bottineau 328, Pembina 329, Tioga 332, Parshall 341 and Hettinger 342.

See more history at Newspapers.com

Stempson and teammate Bruce Carlson each had one-under par 71s, but Carlson was unable to be at the regional and wasn’t qualified for individual honors.

Rounding out the Rugby totals were Delwin Wilson 40-37 — 77 and Dennett Hutchinson 35-39 — 74. Gary Kirchoffner, 41-39 — 80, was Rugby’s fifth entrant with the best four-of-five scores counted.

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Runnerup Stanley was led by Steve Springan’s 34-38 — 72 and Joe Springan’s 36-38 — 74. Their two-man total of 146 strokes was good enough for the doubles title. Two strokes back with a 148 was the duo of Stempson and Wilson. Stan Saathoff and Mike Stepina of Garrison each had 76s for a 152 total and the Ashley combo of Steve Maier (76) and Dave Kretschmar (78) was fourth with a 154.

Stempson was the driving contest winner with a distance of 280 yards. Chris Knutson of Garrison headed the pitch and putt competition.

Ads featured in The Forum on June 3, 1971. Newspapers.com

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Kate Almquist

Kate Almquist is the social media manager for InForum. After working as an intern, she joined The Forum full time starting in January 2022. Readers can reach her at kalmquist@forumcomm.com.





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