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.
WASHINGTON — The North Dakota Department of Emergency Services has been recognized for its wildfire prevention efforts with a national Bronze Smokey Bear Award.
“These awardees demonstrate what fire prevention looks like in action,” said U.S. Forest Service Deputy Chief Sarah Fisher. “Their efforts protect lives, support firefighters and make a real difference in communities across the country.”
May is Wildfire Awareness Month, and with North Dakota experiencing another active spring wildfire season, each fire prevented is one that local responders don’t have to put out, underscoring the importance of each individual’s responsibility to work and recreate safely outdoors. The award to the N.D. Department of Emergency Services (NDDES) recognizes its efforts in communicating just that.
The communications team is led by Strategic Communications Chief Alison Vetter and is supported by Autonomous Systems and Communications Specialist Clint Fleckenstein.
According to information from the Forest Service, the team’s creative products are visually appealing, engaging and effective. The “Learn Before You Burn” tagline urges North Dakotans to visit the interactive N.D. Fire Declarations and Burn Restrictions map to learn their local restrictions, fire danger and red flag warnings before burning or recreating outdoors. Vetter and Fleckenstein consistently take initiative to address fire prevention issues proactively and go above and beyond to become the best possible storytellers of wildfire prevention messaging.
Alison Vetter
Their statewide efforts identify unique and effective avenues to communicate these important public safety topics, addressing top human-caused fire causes like open burning and equipment use through reels, interviews, Gas Station TV, visits with local students, and GoodHealthTV kiosks found in local health units, schools and other public buildings.
During the historic October 2024 wildfires, NDDES mobilized the Joint Information Center, responding to the elevated need for education, prevention and response to determine messaging needs in real time. This included topics like publicizing daily fire danger, sharing resources for affected landowners, advocating for defensible space and safety tips, and messaging ways to minimize fire risk when harvesting, hunting, or enjoying the outdoors. Alison and her team worked over the winter of 2024-2025 to identify prevention efforts and causes, and crafted effective communications strategies to reduce wildfire occurrence, which proved necessary into an active spring 2025 fire season as well. After the devastation of the October 2024 wildfires, they created a documentary to highlight the value and appreciation for those who responded to the call and showcase the unique way North Dakota communities show up for one another in crisis.
The 2026 Smokey Bear Awards will be presented at the National Association of State Foresters’ annual meeting in Lexington, Kentucky, in September.
North Dakota
Armstrong directs flags at half-staff Thursday in observance of Peace Officers Memorial Day
BISMARCK, N.D. – Gov. Kelly Armstrong has directed all government agencies to fly the United States and North Dakota flags at half-staff on Thursday, May 14, and encourages North Dakotans to do the same at their homes and businesses, in observance of national Peace Officers Memorial Day.
The governor’s directive is in accordance with a proclamation issued by President Donald Trump, who also proclaimed May 10-16 as national Police Week.
Armstrong will join North Dakota Attorney General Drew Wrigley and Supreme Court Chief Justice Lisa Fair McEvers in delivering remarks during a North Dakota Peace Officers Memorial Service at 7 p.m. Thursday in Memorial Hall of the State Capitol. North Dakota’s 69 fallen peace officers will be remembered and honored during the service, and the Capitol windows will be lit to display a “Thin Blue Line” as a mark of respect for all law enforcement officers, past and present.
MINOT, N.D. (KMOT) – Todd Cresap, who has served as a North Dakota district judge since 2009, announced he will retire in July.
Cresap wrote a letter to Gov. Kelly Armstrong, R-ND, he would retire effective July 17.
In the letter, Cresap said he had ‘mixed emotions’ over the decision, calling it an ‘honor’ to serve, but said it was time for someone ‘with a new perspective’ to serve.
A Valley City native, Cresap studied at Minot State University and the University of North Dakota.
Then-Gov. John Hoeven appointed Cresap to fill a judgeship in the Northwest Judicial District in 2009 that was created by the legislature. He served in that district until 2014, when it was split into Northwest and North Central.
Voters elected Cresap to the bench in 2012, 2016, and 2022. He served as a lawyer in private practice before his appointment as judge.
Armstrong can appoint a replacement to fill Cresap’s remaining term from a nominating committee’s list, ask the committee for new candidates, or call a special election.
The North Central District covers Ward, Mountrail, and Burke Counties.
Copyright 2026 KFYR. All rights reserved.
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