North Dakota
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Clinic, which moved from Fargo to neighboring Moorhead, Minnesota, filed the lawsuit challenging the state’s now-repealed trigger ban soon after the fall of Roe v. Wade in 2022.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.
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.
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.
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.
___
Associated Press writer Geoff Mulvihill in Cherry Hill, New Jersey, contributed to this story.
North Dakota
Today in History, 1975: Earthquake rattles portions of Minnesota and the Dakotas, including Fargo-Moorhead
On this day in 1975, a moderate earthquake centered near Morris, Minnesota, shook parts of North Dakota, Minnesota and South Dakota, startling residents but causing no major damage or injuries.
Here is the complete story as it appeared in the paper that day:
Earth Tremor Felt Across Wide Area Including F-M
An earth tremor at 9:56 a.m. today was widely felt in the Fargo-Moorhead area as well as other parts of North Dakota, Minnesota and South Dakota, but the National Weather Service here said it had no reports of damage.
The tremor lasted from two to five seconds, Keith Blessum of the Weather Service said, and ignited telephone reports from a wide area.
The earthquake measured 5.0 on the Richter Scale. Waverly Person of the National Earthquake Information Center in Denver, Colo., said: “The earthquake was moderate and was centered in the Morris, Minn., area. It could have caused much damage in a heavily populated area.”
The quake also was felt in northwestern Iowa. Carl Stover of the Earthquake Information Center said it affected an area 300 miles long and 180 miles wide in four states. He said the exact center of the quake was 10 miles west of Morris.
Person said the earthquake that struck California’s San Fernando Valley in February 1971, killing 54 persons and causing millions of dollars in property damage, measured 6.5 on the Richter Scale.
There were no injuries reported, but authorities in several communities in Minnesota and North and South Dakota reported that residents were startled, buildings shook, dishes rattled and books fell off shelves. Some residents in Alberta, Minn., and Wheaton, Minn., also reported cracked foundations.
Among the first to report locally was Mrs. Paul Dutt, 909 27th St. N., Fargo, who told the Weather Service pictures on the walls moved and a vase moved across the top of the television set.
Marjorie Henderson, who lives on a farm between Enderlin and Lisbon, N.D., reported that the house shook and windows rattled during the tremor, while Mrs. Wesley Belter, who lives south of Casselton, N.D., said that she and four neighbors had similar experiences.
Mrs. Earl Ernst, who lives eight miles east of Wolverton, Minn., also reported that the walls of her trailer home shook and dishes rattled.
Other reports received by the Weather Service at Hector Airport here were from Hankinson and Wahpeton, N.D., and Breckenridge and Ottertail, Minn.; Milbank, S.D., White Rock Dam on the South Dakota border and Canby, Minn.
The earth tremor shook much of northeastern South Dakota and parts of southeastern North Dakota and western Minnesota but apparently caused no injuries, the Associated Press reported.
Donald Johnson, Codington (S.D.) County Civil Defense Director, said the strongest tremors were felt in the South Shore area, about 12 miles northeast of Watertown.
Johnson said a school was evacuated in South Shore, but there were no injuries or major damage reported.
A University of Minnesota professor said that part of that state has a history of minor earthquakes, with about half a dozen reported since the mid-1800s.
Residents in the Willmar, Alexandria, Morris and Long Prairie areas all felt the tremor. It hit about 9:55 a.m., and lasted five to 10 seconds.
No major damage was reported, although the tremor startled many people and shook household furnishings. Some residents in Alberta, near Morris, reported cracked foundations.
Dr. Harold Mooney, professor of geophysics at the University of Minnesota, estimated the tremor would have measured 4 or 4.5 on the Richter Scale. Mooney’s seismograph wasn’t operating when the tremor struck, and he said his was the only such measuring device in the area.
“The motion of a fault in the western part of the state sent out seismic waves at thousands of feet per second, and that’s what the people felt,” Mooney said.
“There is a history of earthquakes in that area, so this one was not without precedent.”
The most recent was near Alexandria in 1950, he said. The most severe was near Brainerd in 1917; that one broke some windows and knocked things off shelves.
North Dakota
Trump visits TR library in North Dakota
President Trump traveled to North Dakota on Wednesday to visit the Theodore Roosevelt Presidential Library before its official opening on Saturday.
“He had a freakin’ wild life,” Trump told an audience at a Western-themed amphitheater, the Associated Press reported. “He didn’t want to be quiet. He wanted to be great.”
The library is expected to be a major source of tourism in rural western North Dakota.
-The Hagstrom Report
North Dakota
West Fargo Attorney Chosen for North Dakota Ethics Commission Position
(North Dakota Monitor) –BISMARCK, N.D.– A West Fargo attorney will be the next member of the North Dakota Ethics Commission.
The Ethic Commission selection committee on Tuesday named Lisa Edison-Smith to fill an open position on the five-person commission.
Edison-Smith will replace Ron Goodman, who is retiring. Her term will expire in August 2027.
Edison-Smith is an employment and labor attorney with the Vogel Law Firm but plans to retire by the end of the year, according to a questionnaire she filled out for the selection committee. She also has served as a mediator.
She is a graduate of North Dakota State University and the Hamline School of Law.
Senate Majority Leader David Hogue, one of three members of the selection committee, said the committee was impressed with her resume and her interview.
“She made it clear that she’s an independent thinker and she’s not afraid to lead, which includes the ability to dissent,” Hogue said. “So to me, that was important.”
In her questionnaire answers, Edison-Smith said the commission should not usurp the Legislature’s lawmaking authority but adopt rules and conduct investigations in accordance with state law.
She also said it is important for Ethics Commission staff to review “facially deficient or frivolous complaints” and for the commission to dismiss those cases in 60 to 90 days.
The other finalist was North Dakota Insurance and Securities Department attorney Garrett Bryan.
The selection committee, composed of Gov. Kelly Armstrong, Hogue, R-Minot, and Senate Minority Leader Kathy Hogan, D-Fargo, also recently named Burleigh County Sheriff Kelly Leben to a spot on the commission.
The Ethics Commission’s duties include adopting ethics rules, investigating alleged violations and issuing advisory opinions to help public officials navigate ethical issues. They are paid a stipend for every day they meet, plus reimbursement for travel.
North Dakota voters in 2018 passed a measure to establish the Ethics Commission.
-
Technology2 minutes agoMedical identity theft follows you into the doctor’s office
-
Business9 minutes agoCalifornia soccer fans sue StubHub after it fails to deliver expensive World Cup tickets
-
Entertainment12 minutes agoLucas Museum to give free annual passes to South L.A. neighbors, host community preview day
-
Lifestyle17 minutes agoMeow Wolf taps famed L.A. animation house for its new Los Angeles venue
-
Politics24 minutes ago
Column: Trump decries ‘communism’ while his government takes ownership of companies
-
Science27 minutes ago‘I’d rather my house burn down than get cancer’: Herbicide use upends California’s fight to save forests
-
Sports32 minutes agoDodgers scheduled to visit White House in late July to celebrate 2025 World Series win
-
World42 minutes agoFormer US Olympian pleads not guilty in DC reflecting pool vandalism case