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North Dakota judge will decide whether to throw out a challenge to the state's abortion ban

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North Dakota judge will decide whether to throw out a challenge to the state's abortion ban


BISMARCK, N.D. (AP) — Attorneys argued Tuesday over whether a North Dakota judge should toss a lawsuit challenging the state’s abortion ban, with the state saying the plaintiffs’ case rests on hypotheticals, and the plaintiffs saying key issues remain to be resolved at a scheduled trial.

State District Judge Bruce Romanick said he will rule as quickly as he can, but he also asked the plaintiffs’ attorney what difference he would have at the court trial in August.

The Red River Women’s Clinic, which moved from Fargo to neighboring Moorhead, Minnesota, filed the lawsuit challenging the state’s now-repealed trigger ban soon after the fall of Roe v. Wade in 2022. The clinic was North Dakota’s sole abortion provider. In 2023, North Dakota’s Republican-controlled Legislature revised the state’s abortion laws amid the lawsuit. Soon afterward, the plaintiffs filed an amended complaint, joined by doctors in obstetrics, gynecology and maternal-fetal medicine.

North Dakota outlaws abortion as a felony crime, with exceptions to prevent the mother’s death or a “serious health risk” to her, and in cases of rape or incest up to six weeks of pregnancy.

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The plaintiffs allege the law violates the state constitution because it is unconstitutionally vague for doctors as to the exceptions, and that its health exception is too narrow.

The state wants the complaint dismissed. Special Assistant Attorney General Dan Gaustad said the plaintiffs want the law declared unconstitutional based upon hypotheticals, that the clinic now in Minnesota lacks legal standing and that a trial won’t help the judge.

“You’re not going to get any more information than what you’ve got now. It’s a legal question,” Gaustad told the judge.

The plaintiffs want the trial to proceed.

Meetra Mehdizadeh, a staff attorney with the Center for Reproductive Rights, said the trial would resolve factual disputes regarding how the law would apply in various pregnancy complications, “the extent to which the ban chills the provision of standard-of-care medical treatment,” and a necessity for exceptions for mental health and pregnancies with a fatal fetal diagnosis.

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When asked by the judge about the trial, she said hearing testimony live from experts, as compared to reading their depositions, would give him the opportunity to probe their credibility and ask his own questions to clarify issues.

In an interview, she said laws such as North Dakota’s are causing confusion and hindering doctors when patients arrive in emergency medical situations.

“Nationally, we are seeing physicians feeling like they have to delay, either to run more tests or to consult with legal teams or to wait for patients to get sicker, and so they know if the patient qualifies under the ban,” Mehdizadeh said.

In January, the judge denied the plaintiffs’ request to temporarily block part of the law so doctors could provide abortions in health-saving scenarios without the potential of prosecution.

A recent state report said abortions in North Dakota last year dropped to a nonreportable level, meaning there were fewer than six abortions performed in 2023. The state reported 840 abortions in 2021, the year before the U.S. Supreme Court’s ruling overturning Roe v. Wade.

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The court’s decision enabled states to pass abortion bans by ending the nationwide right to abortion.

Most Republican-controlled states now have bans or restrictions in place. North Dakota is one of 14 enforcing a ban on abortion at all stages of pregnancy. Meanwhile, most Democratic-controlled states have adopted measures to protect abortion access.

The issue is a major one in this year’s elections: Abortion-related ballot measures will be before voters in at least six states. Since 2022, voters in all seven states where similar questions appeared have sided with abortion rights advocates.

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Associated Press writer Geoff Mulvihill in Cherry Hill, New Jersey, contributed to this story.

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Public asked to weigh in on technology use in North Dakota schools

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Public asked to weigh in on technology use in North Dakota schools


A new North Dakota Department of Public Instruction survey seeks statewide feedback on potential changes to how students are using technology.

Superintendent Levi Bachmeier, who

took over the state’s top education role

in November, said he hopes the survey results will inform policymakers on potential reforms to school-issued device policies across the state. During his first student Cabinet meeting, he said a Mandan freshman told him the devices needed to be a “tool, not a toy.”

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“The world that these young people are inheriting requires them to use technology responsibly, but we know that these devices are just as addictive as substances,” Bachmeier said during a press conference Thursday. “And that can be just as true for the school-issued device in their hands as the cellphone they carry around in their pocket.”

North Dakota

banned the use of cellphones

during the school day during the 2025 legislative session, something Bachmeier said has received a near universal

positive response

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during its first year in effect.

The cellphone ban triggered a migration of some students from using their cellphones to access YouTube and other social media sites to using their school-issued laptops or tablets, Bachmeier said.

The

survey

includes questions about restrictions on device usage in elementary school, a potential prohibition on taking devices home, built-in make-up days into school scheduling before using virtual instruction and whether the state should require districts to use monitoring software on the devices.

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He added that some school districts already have monitoring software that tracks student technology usage, but it is not a uniform policy.

“It’s inconsistent,” Bachmeier said. “Our challenge is how do we find what’s the best that is going on in North Dakota and make that a reality for every student in our state.”

Sen. Michelle Axtman, R-Bismarck, a lawmaker who sponsored multiple education bills during the 2025 legislative session, said any potential reforms to technology policies should enhance instruction, support learning and allow students to develop interpersonal and critical-thinking skills.

“This effort today is not about eliminating technology from education,” Axtman said. “It’s about ensuring that technology serves learning rather than competes with it.”

Axtman said any potential changes to school device policies could be proposed during the 2027 legislative session and be implemented for the 2027-28 school year.

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“By working towards clear statewide expectations for school-issued device use, we will help schools create learning environments that are more focused, more productive and healthier for students,” she said.

The

survey

can be filled out by any North Dakota student, parent, educator or community member through Aug. 1.

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This story was originally published on NorthDakotaMonitor.com.

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This story was written by one of our partner news agencies. Forum Communications Company uses content from agencies such as Reuters, Kaiser Health News, Tribune News Service and others to provide a wider range of news to our readers. Learn more about the news services FCC uses here.

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Millions of bees released after truck rollover near Valley City

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Millions of bees released after truck rollover near Valley City


VALLEY CITY — A truck hauling bees rolled over Thursday, May 28, on westbound Interstate 94 near mile marker 292 near Valley City, releasing millions of bees and closing the right lane of traffic.

The crash was reported at about 4:45 p.m. Thursday, according to the North Dakota Highway Patrol. Officials said the westbound right-side lane was closed following the rollover.

Millions of bees were released in the crash, and beekeepers were called to the scene to help recover and contain the insects.

Officials said the cable barrier area marked where large groups of bees had clustered.

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Drivers were asked to slow down, follow directions from emergency responders and give crews and the bees plenty of space while work continued at the scene.





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Large fire reported near Wibaux

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Large fire reported near Wibaux


WIBAUX, Mont. (KFYR) – Several fire departments from both North Dakota and Montana are fighting a grass fire about 40 miles south of Wibaux in the Pine Unit area.

The editor of the Wibaux Pioneer Gazette tells us no structures are in danger at this time, and the Wibaux, Beach, Golva and Glendive Fire Departments are working to put out the flames.

The public is asked to avoid the area at this time.

Copyright 2026 KFYR. All rights reserved.

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