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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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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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