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North Dakota seeks to block judge’s ruling that overturns state abortion ban

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North Dakota seeks to block judge’s ruling that overturns state abortion ban


The North Dakota Attorney General’s Office has asked a judge to keep the state’s abortion ban in place until the North Dakota Supreme Court has a chance to weigh in on the law.

South Central Judicial District Court Judge Bruce Romanick last week ruled that the law is “unconstitutionally void for vagueness” and found that “pregnant women in North Dakota have a fundamental right to choose abortion before viability exists.”

Now, the state wants Romanick to allow the ban to remain in effect until the Supreme Court decides on the state’s appeal of the ruling. In a Thursday, Sept. 19 brief, the state claimed the judge’s ruling was made in error and that a stay should be granted to prevent harm to pregnancies.

“The Court’s (summary judgment) order ignored the law of the case and plaintiffs’ own allegations when it concluded there exists, under North Dakota law, an unfettered and unlimited right to an abortion prior to viability,” the state wrote in court filings.

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The ban, enacted by the Legislature in 2023, makes abortion illegal in all cases except rape or incest if the mother has been pregnant for less than six weeks, or when the pregnancy poses a serious physical health threat.

A group of reproductive health care doctors and an abortion clinic filed suit against the ban in 2023, arguing that it infringed on medical freedom and was too vague to enforce.

The plaintiffs, which include reproductive health care doctors and the Moorhead, Minnesota-based Red River Women’s Clinic, said in legal filings that the law puts pregnant patients and doctors in danger because it does not provide clear guidance on when abortions may be performed for health reasons.

The state has countered that the law is not unconstitutionally vague and that the ban was written with guidance from health care professionals.

The state also wrote that the ruling goes against the state’s interest in protecting pregnancies, arguing that “innumerable unborn children are now at risk of needlessly perishing.”

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North Dakota does not have an abortion service provider. Red River Women’s Clinic previously operated in Fargo, but moved to Minnesota after North Dakota’s previous abortion ban went into effect.

The law will remain on the books until Romanick enters a formal judgment in the case. Romanick directed the plaintiffs to file a proposed judgment within 14 days of his ruling.

The abortion ban was signed into law in April 2023 just weeks after the North Dakota Supreme Court vacated a similar law restricting abortion access. That law, adopted by the Legislature in 2007, went into effect after Roe v. Wade was struck down by the U.S. Supreme Court in 2022.

This story was originally published on NorthDakotaMonitor.com

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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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