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Grande: Heartbeat is the law of the land in North Dakota

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Grande: Heartbeat is the law of the land in North Dakota


Heartbeat. Essentially the most highly effective sound there’s, and Heartbeat is the regulation of the land in North Dakota. It’s proper there in North Dakota Century Code 14-02.1-05.2.

In fact, the main target as we speak is on the authorized wrangling concerning the set off invoice, authorized wrangling that will purchase just a little time for abortion fans, however the true goal is fundraising. As at all times, comply with the cash.

Heartbeat is the regulation in North Dakota, handed with bipartisan assist in 2013 and signed by Gov. Dalrymple.

Enforcement of the statute was enjoined by Federal Choose Hovland due to Roe v. Wade. Lawyer Basic Stenehjem appealed that ruling and the eighth Circuit Court docket of Appeals upheld the injunction, once more on the idea of Roe v. Wade.

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You may learn the eighth Circuit’s opinion

right here

, what’s fascinating is that the Court docket used one paragraph to say that Roe compelled them (handcuffed them) to rule the way in which they did, however then offered 13 pages of reasoned and compelling argument why that shouldn’t be the case.

My 2015 column, ”

The viability of viability

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,” discusses the Circuit Court docket’s opinion and consists of this prophetic quote from the Court docket:

“However this selection is healthier left to the states which could discover their curiosity in defending unborn kids higher served by a extra constant and sure marker than viability. Right here, the North Dakota Legislature has decided that the vital level for asserting its curiosity in potential life is the purpose at which an unborn youngster possesses a detectible heartbeat. ‘To substitute its personal choice to that of the legislature on this space is just not the right position of a courtroom.’” (emphasis theirs)

The writing was on the wall and Roe and Casey have now been overturned by the Supreme Court docket and that signifies that Heartbeat, handed by the legislature and signed by the governor, is now the regulation in North Dakota and should be enforced. Enforcement of this regulation was paused as a result of the judicial department dominated that the precedent of Roe made the regulation unconstitutional, that justification is now gone. This statute is on the books in North Dakota and might be enforced as we speak, but it surely isn’t, but.

When our lawyer common asks the eighth Circuit to carry the injunction, a formality actually, the Heartbeat regulation will probably be totally enforceable, because the legislative and govt branches supposed.

Transferring ahead, state lawmakers ought to take a look at one other U.S. Supreme Court docket ruling this previous session, one which was type of misplaced within the wake of the essential rulings in June. In

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Berger v. North Carolina

the Court docket dominated that the legislative department can take authorized motion to implement the legal guidelines it handed. North Carolina has particular statutes that authorize the legislature to intervene in litigation in the event that they consider the need of the legislature is just not being correctly defended by the manager department.

A fast evaluation of our Century Code didn’t present comparable authorization for North Dakota’s legislature, it is perhaps one thing to think about subsequent session. I’d vote for that in a heartbeat.

Grande represented the forty first District within the N.D. Legislature from 1996 to 2014. She is CEO of the Roughrider Coverage Middle, an “innovation over regulation” assume tank. She is a spouse, mother, grandma, lover of life and Jesus. Opinions are solely her personal.

This column doesn’t essentially mirror the opinion of The Discussion board’s editorial board nor Discussion board possession.

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North Dakota

Bankruptcies for North Dakota and western Minnesota published May 25, 2024

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Bankruptcies for North Dakota and western Minnesota published May 25, 2024


Filed in U.S. Bankruptcy Court

North Dakota

Nathonia Young, formerly known as Nathonia Ruud, and Kasey Young, Grand Forks, Chapter 7

Leon Adam Simon, doing business as HP Coatings & Fabrications, 1601 1/2 S. 12th St., Chapter 13

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Roberta Ann Hoff, also known as Bobbie Hoff, Bismarck, Chapter 7

Chad D. Hove, Jamestown, Chapter 11

Precisionomics, Jamestown, Chapter 11

Minnesota

Bankruptcy filings from the following counties: Becker, Clay, Douglas, Grant, Hubbard, Mahnomen, Norman, Otter Tail, Polk, Traverse, Wadena and Wilkin.

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Jason Conrad Jern, Alexandria, Chapter 13

Larry G. Heitkamp, doing business as Yellow Rose Transportation, Sebeka, Chapter 13

Jessica R. Mancilla, formerly konwn as Jessica R. Sibert, Moorhead, Chapter 7

Tara Rae Starry, New York Mills, Chapter 7

Chapter 7 is a petition to liquidate assets and discharge debts.

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Chapter 11 is a petition for protection from creditors and to reorganize.

Chapter 12 is a petition for family farmers to reorganize.

Chapter 13 is a petition for wage earners to readjust debts.

Our newsroom occasionally reports stories under a byline of “staff.” Often, the “staff” byline is used when rewriting basic news briefs that originate from official sources, such as a city press release about a road closure, and which require little or no reporting. At times, this byline is used when a news story includes numerous authors or when the story is formed by aggregating previously reported news from various sources. If outside sources are used, it is noted within the story.

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Shaw: A June voters guide for North Dakotans

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Shaw: A June voters guide for North Dakotans


There are several Republican primary races where the battles are between normal traditional conservative Republicans and extremists. The most high-profile race is in District 8 in Bismarck. Traditional Republicans Mike Berg and Ken Rensch are taking on extremist Reps. Brandon “George Santos” Prichard and SueAnn Olson.

With his constant blasts of the LGBTQ community and non-Christians, Prichard is a hate-monger and book-banning supporter. Prichard also has fibbed about attending the University of Minnesota Law School. Bismarck and the state of North Dakota would be much better off if Berg and Rensch are nominated.

Twelve-year incumbent Kirsten Baesler is the clear choice to be re-elected as superintendent of public instruction. Baesler has done an excellent job under difficult circumstances. Baesler also has strong public school experience as a former assistant principal in Bismarck and president of the Mandan School Board.

Candidate Jim Bartlett was executive director of the North Dakota Homeschool Association. Nothing wrong with that,

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but homeschooling advocates should not be in charge of our public schools

. Also, it’s alarming to see Bartlett’s push to bring more Christianity into the public schools. That would be unconstitutional. Bartlett’s agenda would be a better fit for the state’s private religious schools.

Candidate Darko Draganic has potential, while candidate Jason Heitkamp is not qualified.

The only legitimate Democratic Party candidate for Congress is Trygve Hammer. He has a passion for improving people’s lives and an impressive military record.

With one exception (Kristin Nelson), the endorsements for the Fargo School Board by the Fargo Education Association are preposterous. The other three FEA-endorsed candidates don’t belong on the board.

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Allie Ollenburger (who led the botched recall effort in 2021)

and Paul Mohror are chaos candidates.

Likely influenced by contentious contract talks, the FEA seems to be primarily motivated by animosity toward the current board and the school district administration. The FEA’s selections are certainly not in the best interests of the school district or the citizens of Fargo. Fortunately, there are five strong candidates running for four open positions on the board. They are Nelson, Seth Holden, John Campbell, Ryan Dodd and Nikkie Gullickson.

Citizens of West Fargo would be well-served by electing Amy Zundel, who just won a YWCA Woman of the Year award, to the city commission. I don’t know if Zundel is a Republican or Democrat, and I don’t care. What I do know is Zundel is smart, determined and friendly.

It’s because of Zundel’s hard work and research that North Dakota’s weak child abuse laws were toughened. As a private citizen, Zundel put in countless hours to protect the state’s children. With that kind of tenacity, she would be a perfect fit for the West Fargo City Commission.

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InForum columnist Jim Shaw is a former WDAY TV reporter and former KVRR TV news director.





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Many Memorial Day weekend crashes happen in rural areas

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Many Memorial Day weekend crashes happen in rural areas


FARGO — Lots of people will be traveling this Memorial Day weekend, espcially on rural roadways.

Elin Nozewski with Jerry Car Insurance says rural areas typically have less street lights and longer roads. As people are celebrating Memorial Day weekend, she says fatal crashes become a little more common.

“About a third of those accidents are caused by people who are driving over the posted speed limit. And the second-highest risk factor is inebriated driving,” said Nozewski.

According to the North Dakota Highway Patrol, for every 100,000 vehicles, 1.7 fatal crashes occur over memorial weekend.

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“It’s a very busy travel weekend. There’s a lot of people in a hurry to get where they want to go. Biggest thing is just to make sure that we plan for that travel and we get there safely,” said Sergeant Adam Malafa with the North Dakota Highway Patrol.

His best tip is to keep distractions to a minimum.

“If you’re the driver, your job is to drive. Not to be, you know, engaged in, you know, whether it’s other conversations or whatever else might be going on in that vehicle,” Malafa said.

When you’re sharing the roads, Malafa says to be mindful of others that aren’t used to the area.

“If they make a lane change that you didn’t expect them to, it’s probably not because they’re trying to be mean it’s probably just because they might not know the road,” Malafa said.

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With the updated “Move Over” law, he says to remember all cars must move into the next lane or slow down, if they see a car on the shoulder with hazard lights on.

“Especially with the construction, we’ve got going on just be patient,” Malafa said.

In North Dakota, if you violate the “move over” law, its a $20 fine.

If you commit a traffic violation when distracted while driving, its a $100 fine.

If you violate the seatbelt law, its a $25 fine with 1 point against your license.

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According to Jerry Car Insurance, the most dangerous times to drive nationwide during the Memorial Day weekend are 11 p.m. on Saturday to 1 a.m. on Sunday. The risk rises again later on Sunday night from 9 p.m. to 10 p.m.

My name is Anne Sara, better known as Sara.
I was born an only child in Port-au-prince, Haiti and moved to the U.S at the age of 2.
Philadelphia, Pennsylvania is where I was raised.
After graduating with my bachelor degree at Albright College, I moved to Florida to continue my studies.
WDAY is the reason why I moved to North Dakota.





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