North Dakota
North Dakota Supreme Court Considers Motion to Reinstate Abortion Ban While Appeal is Pending
The North Dakota Supreme Court hears arguments involving abortion via Zoom on Nov. 21, 2024. (Screenshot Bismarck Tribune via the North Dakota Monitor)
(North Dakota Monitor) – North Dakota’s solicitor general called on the North Dakota Supreme Court to reinstate an abortion law struck down by a lower court until a final decision in the case is made, arguing that the ban must remain in effect because the state has a compelling interest in protecting unborn life.
“We say that not to be dramatic, but because the district court seems to have lost sight of that,” Phil Axt told justices Thursday.
The ban, signed into law by Gov. Doug Burgum in April 2023, made 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.
South Central Judicial District Court Judge Bruce Romanick vacated the law in September, declaring it unconstitutionally vague and an infringement on medical freedom.
He further wrote that “pregnant women in North Dakota have a fundamental right to choose abortion before viability exists.”
The law went into effect just weeks after the North Dakota Supreme Court ruled the state’s previous abortion ban unconstitutional and found that women have a right to seek an abortion for health reasons.
Axt argued Thursday that Romanick’s judgment striking down the 2023 law conflicts with the Supreme Court’s prior ruling, and that Romanick’s legal analysis contains “glaring errors.” Axt claimed there’s nothing in the state constitution that supports a right to abortion until the point of viability.
“It’s been clear since our territorial days that in order to justify killing another human being, there must be a threat of death or serious bodily injury,” Axt said.
Meetra Mehdizadeh, an attorney representing the plaintiffs, said to reverse Romanick’s decision even temporarily would be to disregard many serious problems he identified with the statute.
The ban does not sufficiently explain to doctors when they may legally provide abortions — which chills their ability to provide necessary health care for fear of prosecution, she said.
“The district court correctly held that the ban violates the rights of both physicians and patients, and staying the judgment and allowing the state to continue to enforce an unconstitutional law would be nonsensical,” Mehdizadeh said.
Axt countered that the law is not vague, and that doctors are incorrect to assume they would face criminal penalties for good-faith medical decisions.
If doctors are confused about the ban, said Axt, “the solution is not striking down the law — it is providing some professional education.”
In briefs filed with the court, the state also argued that Romanick’s judgment vacating the law seems to conflict with his original order declaring the law unconstitutional.
While the order identifies a right to abortion until the point of fetal viability, Romanick’s judgment does not include any reference to viability. The state is now confused as to whether it can now enforce any restrictions on abortion, Axt said.
North Dakota still must observe abortion regulations established under other laws not challenged in the lawsuit, Mehdizadeh said.
Axt further claimed that Romanick’s judgment should be put on hold because it addresses a “novel” area of law, and because it takes a supermajority of the Supreme Court to declare a statute unconstitutional.
“Statutes should not be presumed unconstitutional until this court has had an opportunity to weigh in on the matter, and a super majority of this court is of that opinion,” Axt said.
Justice Daniel Crothers said he questioned Axt’s logic.
“Any novel issue where the district court declares something unconstitutional, it’s sounding like you’re suggesting that we should presume that it’s wrong,” Crothers said to Axt.
The appeal is the latest step in a lawsuit brought against the state by a group of reproductive health care doctors and a Moorhead, Minnesota-based abortion provider, Red River Women’s Clinic. The clinic previously operated in Fargo, but moved across the state line after Roe v. Wade was overturned in 2022.
The ban, passed with overwhelming support by both chambers of the Republican-dominated Legislature, set penalties of up to five years in prison and a maximum fine of $10,000 for any health care professionals found in violation of the law.
The arguments were only on whether Romanick’s decision should be put on hold during the appeal, not on the merits of the case itself, which the Supreme Court will consider separately. The justices took the matter under advisement.
The pursuit began in Roberts County, South Dakota, and ended in Richland County, North Dakota.
RICHLAND COUNTY, N.D. – Just past midnight on the morning of Friday, December 27th, a Roberts County, South Dakota Sheriff’s Deputy pursued a 2008 Lincoln MKZ northbound on I-29 into Richland County in North Dakota.
That’s when the NDHP jumped into action – taking over the pursuit near Mile Marker 37.
One trooper deflated two of the Lincoln’s tires with a spike strip. Shortly thereafter, another trooper executed a PIT maneuver, which brought the vehicle to a halt.
The driver of the Lincoln, 40-year-old Gregory Richards of Fargo, was taken into custody.
He’s been charged with felony fleeing, and misdemeanor driving under the influence, driving under suspension, and reckless endangerment.
A female passenger in the Lincoln was not arrested and transported to a residence in Fargo.
There are also charges for Richards pending in South Dakota.
North Dakota
Here are 15 potential candidates to replace Jimmy Rogers as South Dakota State football coach
SIOUX FALLS — After having the same coach for a quarter century, South Dakota State is now looking for a new one after just two seasons.
Jimmy Rogers went 27-3 with a national championship after replacing John Stiegelmeier, but he’s already on to his next rung on the ladder, as the new head coach of Washington State, where he replaces another former Stiegelmeier assistant in Jake Dickert, who left Wazzu to coach Wake Forest.
SDSU athletic director Justin Sell always says he has a list of names ready for anytime he needs to make a coaching change, but this might be bit more challenging. Rogers is expected to bring his staff with him to Pullman, and there wasn’t necessarily an obvious in-house candidate on staff, anyway.
There seems to be an assumption among fans that Sell would prefer to hire in-house, and that if that can’t work at least bring in someone with ties to the program.
Maybe. But this feels like a time to cast a wide net and consider candidates from outside the program, too.
Here’s a list of 15 candidates. If you’ve been following my work for awhile you know I have a pretty good track record with these, but I want to make clear, here. I would not at all be surprised or embarrassed if the eventual SDSU football coach isn’t one of these 15 guys.
I’m not going to speculate about assistant coaches I know nothing about from programs I don’t cover. Maybe there’s a position coach in the Big Ten or SEC or the NFL who wants the job. That could very well be the case. So keep that in mind while reading this list.
There’s already been plenty of hand-wringing about Rogers leaving the program in the dust. Not only is that not really fair, let me assure you, the Jacks program is going to be fine.
Will they take a step back? Almost certainly. Star receiver Griffin Wilde announced he’s entering the transfer portal on Saturday and more are sure to follow.
But the Jacks still have all the pieces in place to win and win big. Remember, the FCS doesn’t have a ton of great contenders right now. Unless SDSU isn’t able to hang on to any of their players I’d expect them to be back in the playoffs next year (keeping pace with USD and NDSU may be another story, at least in the short term).
Anyway, here are 15 candidates, listed in alphabetical order.
Nick Benedetto, defensive coordinator, Fresno State
He played cornerback under Kalen DeBoer at USF, spent a year as a grad assistant at USD and then served as defensive coordinator at West Virginia State, USF, Samford and, for the last three years, Northern Illinois. He was just hired at Fresno State, but could be interested in coming back to South Dakota for his first shot at being a head coach.
Brian Bergstrom, head coach, Winona State
Served as SDSU’s safeties coach and then co-defensive coordinator, along with Rogers, from 2019-2021. From there he went to Division II Winona State, where he took the Warriors to the playoffs in his debut season but has gone 5-6 in each of the last two.
Josh Davis, Fresno State offensive coordinator
The former SDSU assistant just left USD after two successful seasons as offensive coordinator to take the same job at Fresno State, an FBS program. Would he turn back around and come home to Brookings to lead his alma mater? My hunch is no but it wouldn’t hurt to ask.
Matt Zimmer/Sioux Falls Live
Eric Eidsness, quarterbacks coach, Northern Illinois
SDSU’s offensive coordinator before Jason Eck (who was before Zach Lujan who was before Ryan Olson), Eidsness presided over some truly explosive Jackrabbit offenses and served some time as the assistant head coach, as well.
He’s since been at Northern Illinois, where he’s been the quarterbacks coach since 2019 and was offensive coordinator from 2019-22. Eidsness was behind the Zach Zenner and Taryn Christion-led offenses of SDSU’s pre-Frisco era, and he posted a 26-40 record in six seasons as the head coach at Division II Southwest Minnesota State, which is much better than it sounds if you know anything about that program.
Danny Freund, quarterbacks coach, SDSU
A surprise addition to the Jacks staff in 2024, Freund had been the offensive coordinator/quarterbacks coach and assistant head coach at North Dakota, where he’d also been a quarterback. He seemed to be the coach-in-waiting under Bubba Schweigert, but instead he came to SDSU, and then after one year Schweigert retired and the Hawks hired Eric Schmidt.
Did SDSU bring Freund in to be their coach in waiting, knowing Rogers would likely not be here long? Perhaps. But if he’s going with Rogers to Washington State it’s a non-starter. And even if he wants to stay here the Jacks may decide to go elsewhere.
Dan Jackson, defensive coordinator, New Mexico
The father of the ‘NebraskaJacks’, Jackson was once SDSU’s cornerbacks coach, recruiting coordinator and assistant head coach, and certainly made an impression in his stint in Brookings as an aggressive recruiter and outgoing personality. He recruited the hell out of Nebraska, making enemies in Lincoln by stealing from the Huskers’ pool of walk-ons.
He’s since been to Northern Illinois, Vanderbilt and spent the past season as the defensive coordinator for Jason Eck at Idaho. He just agreed to follow Eck to New Mexico. FBS money may be tough to compete with, but Jackson has never been a head coach and might be ready to make the move.
Jake Landry, offensive coordinator, NDSU
Just completed his first year as NDSU’s offensive coordinator. Landry is also a former UND quarterback (he was the QB when they lost to USF in 2009), one who’s been at some successful programs in a 15-year coaching career.
Alyssa Goelzer/The Forum
UMD (under Bob Nielson), Northern Illinois, Wisconsin-La Crosse, St. Thomas and even a year as an FBS position coach when he spent one season as the quarterback coach at Temple.
Zach Lujan, offensive coordinator, Northwestern
My sources say Lujan is a popular choice among players and administration. But he’s reportedly making about a half-million a year at Northwestern and has only been there for one season. He’d be taking a pay cut to come back and he may not be ready to be a head coach yet, either.
Landon Dierks / Mitchell Republic
Then again, he’s an extremely bright and mature young coach. His players at SDSU loved him. He’s also an alum and Northwestern went 4-8 this year. The Wildcats face a big challenge in the expanded Big Ten. Maybe Lujan could decide it would be better for his career to come back to Brookings to take his first head coaching gig to better serve a later climb up the ladder.
Luke Meadows, offensive line coach, Northern Illinois
It’s been more than a decade since he was in Brookings, but Meadows is an SDSU alum, was associate head coach in 2005 and offensive coordinator from 2008-2012. He’s an offensive line coach by trade.
He later worked at Florida Atlantic, Southern Miss, Eastern Michigan, Troy and most recently Northern Illinois.
Jerry Olszewski, head coach, Augustana
I’m well aware that SDSU fans will oppose the idea of a national championship FCS team hiring a Division II coach, particularly one that used to be an inferior rival, but these are unique circumstances under which it does make a little more sense.
Trent Singer / Sioux Falls Live
Namely: Rogers’ departure is expected to lead to a mass exodus of SDSU players into the transfer portal. Well, OJ recruits a lot of the same players. Many of SDSU’s best had offers from Augustana. Most had positive impressions of OJ and the Viking program. Olszewski could potentially stem the tide of transfers out the door through his own familiarity with the region and the players in it.
He’s also led the Vikings to consecutive NSIC titles, brought his team to Brookings in September and held the Jacks to 24 points, and has often talked of molding his program in the image of SDSU.
Kurtiss Riggs, analyst, Riggs Academy director
Nobody knows the local recruiting scene better than Riggs, who was once the right-hand man of Alabama coach Kalen DeBoer. He’s been the color analyst for SDSU games on Midco the last few years so he knows the Jackrabbit roster well, knows the program well, and so far hasn’t joined DeBoer in Tuscaloosa.
Trent Singer / Sioux Falls Live
Now that he’s done with the indoor game the time might be right for Riggs to take his first college head coaching job. The guy knows how to win — he was a part of four national championships at USF (one as a player, three as assistant coach) and won 11 titles as the head coach of the Sioux Falls Storm.
Brad Salem, tight ends coach, Memphis
A Sioux Falls native and son of former Gophers coach Joe Salem, Brad helped launch Augustana’s run of success in Division II, and then spent a decade at Michigan State, coaching running backs, quarterbacks and spending one year as offensive coordinator. He’s been at Memphis for the last four years. He’s 54, but Salem knows everybody and has coached some pretty high level players.
John Stiegelmeier, retired former SDSU coach
If Rogers were leaving to, say, be the defensive coordinator at Georgia or something and not taking anyone with him, I would go as far out of my way as I could to make the case that bringing back Stig for a year or two would be the right decision. He could slide right back into the same role he had near the end of his career — the guy who coaches the coaches — and groom a potential successor.
Landon Dierks / Mitchell Republic
But if almost the entire staff is gone, that seems like an awful daunting task, asking the soon-to-be 68-year old to come in and build a staff from scratch and try to retain/rebuild the roster.
That said, Stig didn’t really want to retire when he did (he stepped aside to prevent Rogers from leaving for the D-coordinator job at Washington State), he’s stuck at 199 career wins and while he’s content in retirement he also might be a little bored. It wouldn’t be a bad direction to go.
Jed Stugart, head coach, Lindenwood
The former USF coach has gone 41-38 in seven seasons at Lindenwood, a newcomer to the FCS level. He had a close relationship with John Stiegelmeier and keeps close tabs on the South Dakota football scene. A former country music singer, the 54-year-old Stugart has the kind of charisma and personality to help sell tickets, raise money and win over fans and recruits.
But perhaps more importantly, the guy knows how to take over a successful program and keep it running. He replaced Kalen DeBoer in 2010 after DeBoer had just won his second consecutive (and third overall) national championship. DeBoer left USF with a 67-3 record, his top two assistants (Chuck Morrell and Kurtiss Riggs) also left and so did dozens of star players.
Stugart stepped in and reloaded the roster quickly, taking USF right back to the national championship game and eventually up to the Division II level where they immediately became playoff contenders.
Zach Zenner, former SDSU running back
I’m mostly joking with this one, but there is a sudden trend of hiring former star players with little coaching experience. The idea seems to be that celebrity coaches sell tickets, attract donors and impress recruits.
David Samson / The Forum
David Samson/Forum Communications Co.
Zenner has been working as an agent since his five-year NFL career ended, he’s got a genius intellect and, much like Rogers, is a much funnier and personable guy in person than he sometimes comes across on camera.
Who’s to say he couldn’t build something special?
Filed in U.S. Bankruptcy Court
North Dakota
Angela Latisha Farley, Fargo, Chapter 7
Desirae L. Johnson, Mandan, Chapter 7
Jessie J. Messmer, formerly known as Jessie Sticka, Dickinson, Chapter 7
Paulette Kay Thurn, Bismarck, Chapter 7
Jerry A. and Linda L. Dornback, formerly known as Linda amber, Valley City, Chapter 7
Justin N. and Alexis R. Tormaschy, also known as Alexis R. Emter, Belfield, Chapter 13
Minnesota
Bankruptcy filings from the following counties: Becker, Clay, Douglas, Grant, Hubbard, Mahnomen, Norman, Otter Tail, Polk, Traverse, Wadena and Wilkin.
There were no bankruptcies filed in this reporting area the week of Dec. 16, 2024.
Chapter 7 is a petition to liquidate assets and discharge debts.
Chapter 11 is a petition for protection from creditors and to reorganize.
Chapter 12 is a petition for family farmers to reorganize.
Chapter 13 is a petition for wage earners to readjust debts.
Our newsroom occasionally reports stories under a byline of “staff.” Often, the “staff” byline is used when rewriting basic news briefs that originate from official sources, such as a city press release about a road closure, and which require little or no reporting. At times, this byline is used when a news story includes numerous authors or when the story is formed by aggregating previously reported news from various sources. If outside sources are used, it is noted within the story.
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