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North Dakota Judge Strikes Down State’s Abortion Restrictions

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North Dakota Judge Strikes Down State’s Abortion Restrictions


North Dakota Right to Life says the ruling is dangerous for both women and unborn children.

A state judge nixed North Dakota’s protections for unborn babies on Thursday, saying that the state Constitution creates a right to abortion before the unborn baby is viable outside the womb, which is usually defined at 22 or 23 weeks of pregnancy.

North Dakota District Judge Bruce Romanick’s 24-page order making abortion legal up to the point of fetal viability is set to go into effect in 14 days.

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The ruling overturned the law that North Dakota Gov. Doug Burgum signed in April 2023, which allowed abortion only in certain cases, such as pregnancies caused by rape or incest, within the first six weeks of pregnancy, and cases of serious health risk for the mother.

The Red River Women’s Clinic filed the original lawsuit in 2022 against a 2007 “trigger law” that went into effect after the overturning of Roe v. Wade. That law was later overturned by the state Supreme Court. The facility has since relocated a few miles from Fargo, North Dakota, to Moorehead, Minnesota.

Romanick was ruling on the state’s request to dismiss the 2022 lawsuit. The state had argued that a trial wouldn’t make a difference, as the facility had since moved out of state.

Romanick ruled that the state’s abortion restrictions were unconstitutional because “pregnant women in North Dakota have a fundamental right to choose abortion before viability” under the state Constitution, which protects “life, liberty, safety, and happiness” for individuals, “including women.”

North Dakota Right to Life said in a statement Thursday that it is “deeply disappointed” by the ruling, arguing that the judge used “poor methodology” to go against “the standard legal process.”

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“This ruling was made in response to the state’s request to dismiss the lawsuit, yet instead of either dismissing the case or setting a court hearing date, the judge unilaterally issued a ruling that dismantles critical protections for the unborn and vulnerable women across our state,” the statement read.

“The judge’s poor methodology and decision to bypass the standard legal process reflect a troubling disregard for the legal protections that were put in place to ensure informed consent and promote the safety of North Dakotans,” the statement continued.

The judge also ruled that the restrictions were void because of their “vagueness.” He argued that the law violated due process because it was not clear enough to physicians which abortions they could perform legally and could have “a profound chilling effect on the willingness of physicians to perform abortions.”

“All North Dakota citizens, including women, have the right to make fundamental, appropriate, and informed medical decisions in consultation with a physician and to receive their chosen medical care. … Such a choice is a fundamental one, central to personal autonomy and self-determination,” the court document reads.

“Unborn human life, pre-viability, is not a sufficient justification to interfere with a woman’s fundamental rights,” the judge continued. “Criminalizing pre-viability abortions is not necessary to promote the state’s interest in women’s health and protecting unborn human life.”

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North Dakota Right to Life argued that the ruling was dangerous for both women and unborn children.

“We firmly believe that this ruling does a grave disservice to our state and will lead to harmful consequences for women, minors, and unborn children alike,” the statement read.

The group argued that the decision “opens North Dakota to unrestricted abortion access — eliminating necessary safeguards such as waiting periods, parental consent for minors, and critical health and safety standards.”

The statement continued, “In doing so, the judge’s decision directly undermines the well-being of women and young girls, putting their health at risk and disregarding the will of the people in North Dakota.”

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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

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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..

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.

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Link to opinion 2026-O-06

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ND Supreme Court Justice Daniel Crothers retiring, stepping onto new path

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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.

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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.



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North Dakota ambulance providers losing money on every run, according to survey

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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.

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“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.

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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.

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“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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