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North Dakota Supreme Court Considers Motion to Reinstate Abortion Ban While Appeal is Pending

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North Dakota Supreme Court Considers Motion to Reinstate Abortion Ban While Appeal is Pending


 The North Dakota Supreme Court hears arguments involving abortion via Zoom on Nov. 21, 2024. (Screenshot Bismarck Tribune via the North Dakota Monitor)

 

 

 

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(North Dakota Monitor) – North Dakota’s solicitor general called on the North Dakota Supreme Court to reinstate an abortion law struck down by a lower court until a final decision in the case is made, arguing that the ban must remain in effect because the state has a compelling interest in protecting unborn life.

“We say that not to be dramatic, but because the district court seems to have lost sight of that,” Phil Axt told justices Thursday.

The ban, signed into law by Gov. Doug Burgum in April 2023, made abortion illegal in all cases except rape or incest if the mother has been pregnant for less than six weeks, or when the pregnancy poses a serious physical health threat.

South Central Judicial District Court Judge Bruce Romanick vacated the law in September, declaring it unconstitutionally vague and an infringement on medical freedom.

He further wrote that “pregnant women in North Dakota have a fundamental right to choose abortion before viability exists.”

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The law went into effect just weeks after the North Dakota Supreme Court ruled the state’s previous abortion ban unconstitutional and found that women have a right to seek an abortion for health reasons.

Axt argued Thursday that Romanick’s judgment striking down the 2023 law conflicts with the Supreme Court’s prior ruling, and that Romanick’s legal analysis contains “glaring errors.” Axt claimed there’s nothing in the state constitution that supports a right to abortion until the point of viability.

“It’s been clear since our territorial days that in order to justify killing another human being, there must be a threat of death or serious bodily injury,” Axt said.

Meetra Mehdizadeh, an attorney representing the plaintiffs, said to reverse Romanick’s decision even temporarily would be to disregard many serious problems he identified with the statute.

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The ban does not sufficiently explain to doctors when they may legally provide abortions — which chills their ability to provide necessary health care for fear of prosecution, she said.

“The district court correctly held that the ban violates the rights of both physicians and patients, and staying the judgment and allowing the state to continue to enforce an unconstitutional law would be nonsensical,” Mehdizadeh said.

Axt countered that the law is not vague, and that doctors are incorrect to assume they would face criminal penalties for good-faith medical decisions.

If doctors are confused about the ban, said Axt, “the solution is not striking down the law — it is providing some professional education.”

In briefs filed with the court, the state also argued that Romanick’s judgment vacating the law seems to conflict with his original order declaring the law unconstitutional.

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While the order identifies a right to abortion until the point of fetal viability, Romanick’s judgment does not include any reference to viability. The state is now confused as to whether it can now enforce any restrictions on abortion, Axt said.

North Dakota still must observe abortion regulations established under other laws not challenged in the lawsuit, Mehdizadeh said.

Axt further claimed that Romanick’s judgment should be put on hold because it addresses a “novel” area of law, and because it takes a supermajority of the Supreme Court to declare a statute unconstitutional.

“Statutes should not be presumed unconstitutional until this court has had an opportunity to weigh in on the matter, and a super majority of this court is of that opinion,” Axt said.

Justice Daniel Crothers said he questioned Axt’s logic.

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“Any novel issue where the district court declares something unconstitutional, it’s sounding like you’re suggesting that we should presume that it’s wrong,” Crothers said to Axt.

The appeal is the latest step in a lawsuit brought against the state by a group of reproductive health care doctors and a Moorhead, Minnesota-based abortion provider, Red River Women’s Clinic. The clinic previously operated in Fargo, but moved across the state line after Roe v. Wade was overturned in 2022.

The ban, passed with overwhelming support by both chambers of the Republican-dominated Legislature, set penalties of up to five years in prison and a maximum fine of $10,000 for any health care professionals found in violation of the law.

The arguments were only on whether Romanick’s decision should be put on hold during the appeal, not on the merits of the case itself, which the Supreme Court will consider separately. The justices took the matter under advisement.

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Annabelle Weber

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Annabelle Weber


Funeral Mass for Annabelle Weber, 95, of Dickinson will be 10:00 AM, Thursday, March 12, 2026 at Queen of Peace Church with Msgr. Thomas Richter celebrating. Burial will follow at St. Joseph’s Cemetery, Dickinson. Visitation will be from 5:00 PM – 7:00 PM, Wednesday, March 11, 2026 at Stevenson Funeral Home, Dickinson, with Rosary and Vigil service taking place at 6:00 PM. Annabelle passed away Friday, March 6, 2026 at St. Benedict’s Health Center, Dickinson. Annabelle S. Weber was born on December 8, 1930, in Killdeer, North Dakota, to Frank and Eva (Kowis) Schmalz. She grew up in Killdeer and graduated from Killdeer High School in 1947. At the age of 17, Annabelle began working at Zimbrich’s Department Store in Killdeer. She later moved to Dickinson, where she worked at S&L in retail sales and spent many years at Kessel’s Bridal Shop. While working at the Esquire Steak House, she met Gerald Weber, the love of her life. The couple was united in marriage on November 1, 1954, at St. Joseph’s Catholic Church in Dickinson, where they made their home and built their life together. Annabelle was a woman who loved staying busy and caring for her family and home. She enjoyed hunting and fishing, along with hobbies such as crafts, sewing, and gardening. She was well known for keeping an immaculate home and took great pride in caring for those around her. Faith was an important part of her life. She joined the Catholic Daughters in 1957 and was active in church circles, often helping with funeral dinners and parish gatherings. Annabelle’s greatest joy was her family. Annabelle is survived by her sons, Greg (Barbara) Weber of Grand Forks, Russ (Rhonda) Weber of Dickinson; daughter, Sharon (Tony) Allen of Andover, MN; nine grandchildren, Christi (Ryan), Tiffani (Tim), Shane (Kayla), Tonya (Adam), Samantha (Scott), Kevin, Tracey (Analisa), Stacie, Tyler; 15 great-grandchildren and 1 great-great grandchild. She was preceded in death by her parents, Frank and Eva Schmalz; husband, Gerald Weber; siblings, William (Evelyn) Schmalz, Elaine (John) Buresh, and Vernon (Dolores) Schmalz; and daughter-in-law, Coleen Weber (Krance). Remembrances and condolences can be shared at www.stevensonfuneralhome.com.





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Faber: 5 takeaways from UND’s 70-62 Summit League tournament championship loss to North Dakota State

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Faber: 5 takeaways from UND’s 70-62 Summit League tournament championship loss to North Dakota State


SIOUX FALLS, S.D. — North Dakota State proved why it was the best team in the Summit League Sunday evening at the Denny Sanford Premier Center.

The Bison beat UND 70-62 in the conference tournament championship. The Fighting Hawks hung around in the second half, but couldn’t put together enough consecutive shots to retake the lead.

It was the Hawks’ first Summit League championship appearance since 2020, capping off a resurgent season for a program ravaged by the transfer portal.

Despite losing top-end talent like Treysen Eaglestaff and Mier Panoam, UND reloaded through key transfer portal additions, the emergence of redshirt freshman guard Greyson Uelmen and the return of senior guard Eli King.

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The Hawks finished the 2025-26 season with an 18-17 overall record.

Here are five takeaways from the loss.

King ends collegiate career on a high note

King left it all on the court in his final three games as a Hawk.

He logged 40 minutes against NDSU. King was only off the court for two minutes against St. Thomas and four minutes against Denver.

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King lived up to his billing as the Summit League Defensive Player of the Year throughout the postseason. He also averaged 15.3 points per game in the tournament.

“We were so fortunate to get him at North Dakota,” head coach Paul Sather said. “The daily example that guy brings as far as how you treat people, how you go about your work, how you show up — he’s usually the first on the floor every day. He plays the most minutes for us. … He just smiles at adversity.

“He’s a special young guy. I’m going to think of him when I’m 75 years old, thinking about all the young people you get a chance to be a part of and coach, and I’m going to see a guy that’s probably doing really well in life, and I’m going to just be so grateful I got a chance to spend some time coaching. Eli’s going to be alright.”

Here’s what an emotional King had to say after Sunday’s loss.

“The last three years have been a blast,” King said. “Built a bunch of relationships that will last forever. Coaching staff, all the players, all the great teammates I’ve had, community support from Grand Forks. It’s been awesome. The last three years, basketball-wise, I enjoyed every second of it, had a lot of ups and downs.”

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College basketball teams rarely look the same from year to year. That’s just the state of the sport right now, especially at the mid-major level.

UND is going to miss its seniors.

King was the only returning starter from last year and truly seemed to be the heart and soul of the team.

Garrett Anderson averaged 10.3 points per game, and his lengthy frame was pivotal on defense. Reggie Thomas seemed to always give a boost of energy off the bench, providing scrappy defense while averaging 4.8 points per game.

That being said, there are certainly building blocks for the future. That is, if they don’t enter the transfer portal this offseason.

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Uelmen, the former walk-on, averaged 18.6 points per game in a breakout season. Redshirt sophomore Zach Kraft carved out a role in the starting lineup, providing 42.5% shooting from 3-point range and improved defense.

Junior center Josh Jones became an essential piece of the starting lineup, providing physicality, defense and a frame that the Hawks just don’t have anywhere else on the roster.

Junior forward George Natsvlishvili, freshman guard Anthony Smith III and freshman forward Marley Curtis each provided the occasional pop from the bench when needed.

“You hope so, right?” Sather said when asked if this season was something to build on. “That’s the goal. Every year right now, you kind of start with a new team. Just being real — free agency starts. But we’re to the point now where you smile at it and you wish the best for young people that are trying to do things in life that are changed (compared to) what they were 10 years ago, five years ago.

“You really take a year and you start in June, when you get them all on campus, and you try to make the most out of that time. And it’s not perfect, but it’s kind of like speed dating in a way. I don’t know what that’s like, I’ve never done it, but you don’t get to have everybody for four years or three years or even two years sometimes. But the time you have with them, make the most of it. Have the joy with it and love it. And even on the hardest days, because I’m telling you, this was a team that there were some days where we had to really be on these guys. We got some young guys that got to continue to grow and get better, but they just really responded, and their example of it was awesome.”

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Kraft put up his best performance in months against NDSU.

He shot 5-for-9 from the field and finished with 19 points. Only Uelmen scored more, finishing with 24.

It was Kraft’s first double-digit point total since Feb. 19. He nearly reached his previous career high of 22 points.

Kraft scored 13 points in the second half. He nailed a 3-pointer with 3 minutes, 6 seconds to go to kick off a 9-0 run for UND.

Offensive rebounds sting again

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North Dakota State collected 12 offensive rebounds and scored 12 second-chance points in the win over the Hawks.

UND managed to survive against St. Thomas while giving up 14 offensive rebounds in the tournament semifinals.

This time around, it stung.

“A game like that, where you’re not making the shots that we have been or that were just right there, we can’t be giving them extra possessions like that,” Sather said.

What opposing coaches had to say about Sather and the program

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Head coach David Richman had positive words for Sather and his program after the Bison’s championship win.

“Paul Sather did a terrific job this year, terrific job,” Richman said. “You’ve got a guy like Eli King, the competitive spirit, and Greyson, and the tournament that they had. So I know there’s Bison people that don’t want to hear me talk about UND, but I’m glad to talk about a guy and a program that does things the right way. And Paul Sather does a lot of great things.”

Likewise, St. Thomas head coach John Tauer voiced his respect after the Tommies’ loss in the semifinals.

“Credit to North Dakota, they played incredibly,” Tauer said. “They’ve been really good all season. Paul does a tremendous job with his team and those guys.”





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Wheeler-Thomas leads North Dakota State over North Dakota 70-62 in Summit League title game

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Wheeler-Thomas leads North Dakota State over North Dakota 70-62 in Summit League title game


SIOUX FALLS, S.D. (AP) Damari Wheeler-Thomas scored 19 points to lead top-seeded North Dakota State to a 70-62 victory over North Dakota on Sunday night, winning the Summit League Championship and earning an automatic berth in the NCAA Tournament for the Bison.



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