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North Dakota's new congressional age limits law could trigger a federal legal review

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North Dakota's new congressional age limits law could trigger a federal legal review


A newly passed North Dakota law could give the U.S. Supreme Court an opportunity to revisit restrictions on who can run for federal office, a legal expert says.

North Dakotans voted Tuesday, June 11 to make it illegal for anyone to be elected or appointed to represent the state in Congress if they’d turn 81 before the end of their term.

The measure passed with nearly 61% approval from voters, according to unofficial results from the North Dakota Secretary of State’s Office.

Despite the amendment’s clear popularity with North Dakota voters, officials are expecting it to trigger a legal battle. A committee of state legislators estimated in April that the measure would take roughly $1 million to defend in court if passed.

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Election worker Mariah Madsen hands over a blank ballot to a voter on Election Day at El Zagal Shrine in Fargo on Tuesday, June 11, 2024. A measure to create an upper age limit for the state’s Congressional delegation passed by just under 61% during last week’s primary.

Alyssa Goelzer / The Forum

State leaders have said the law may conflict with a U.S. Supreme Court ruling from 1995 that found states cannot restrict who can run for federal office.

Justices cited this same case — U.S. Term Limits v. Thornton — in March when they voted unanimously that states could not disqualify former President Trump from appearing on election ballots.

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If there is a lawsuit against North Dakota’s age limits measure, and it does make it to the Supreme Court, there’s no guarantee justices will continue to affirm that precedent. The high court could always decide to rethink its 1995 ruling, said Michael Thorning, director of the Bipartisan Policy Center’s Structural Democracy Project.

“The current court has demonstrated a willingness, I think, to review current precedent and overturn it,” Thorning said.

He pointed out only one current justice was on the bench back when the 1995 case was decided: Clarence Thomas.

Notably, Thomas was against the ruling. He authored a dissenting opinion joined by fellow conservatives Chief Justice William Rehnquist and Justice Antonin Scalia, as well as Justice Sandra Day O’Connor, a moderate.

“Nothing in the Constitution deprives the people of each State of the power to prescribe eligibility requirements for the candidates who seek to represent them in Congress,” Thomas wrote in the opinion.

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Overall, it’s statistically unlikely that the Supreme Court will hear the case. The court takes up only a tiny fraction of cases they’re petitioned to review.

Jared Hendrix, who led the charge to get the measure on the ballot, said he would support the court overturning the 1995 ruling.

“I do believe the (Thornton) case was very flawed in its reasoning,” Hendrix said.

Hendrix has said the measure is a way for voters to ensure that congressional delegates are mentally and physically fit for the job, and that they are in touch with the needs of their constituents.

The measure is especially timely considering some of the nation’s most visible politicians are also some of its most aged, Hendrix has said.

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President Joe Biden, 81, and former President Donald Trump, 78, are the oldest and third-oldest American presidents ever, respectively. The current average age of Congress is also one of the oldest in the nation’s history, according to the Pew Research Center.

Hendrix has disputed lawmakers’ estimate that the measure could cost the state $1 million in legal fees, calling the figure “inflated.”

In order for the Supreme Court to weigh in on the law, someone would first have to sue the state over the measure.

Not just anyone would have standing to bring such a case. To have the right to fight a law in court, plaintiffs generally have to prove the law harms them in some way.

One example might be a candidate who is barred from seeking office under the policy, Thorning said.

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None of North Dakota’s current D.C. delegation — or anyone in the state currently seeking election to Congress — is near age 81. The state’s oldest member of Congress, U.S. Sen. John Hoeven, is 67.

The 1995 Supreme Court case, which struck down an Arkansas congressional term limits law, stemmed from lawsuits originally filed by a private citizen, the League of Women Voters and a U.S. representative.

What would happen if the Supreme Court overturned the 1995 term limits case? States would have much greater authority to gatekeep who could run for federal office, Thorning said. This wouldn’t be limited to age.

“Would it be allowable, then, for the state, for instance, to say that members of Congress can only be elected from certain counties within their state, or certain cities, or only ones that have met certain educational qualifications?” he asked.

States would still have to comply with the 14th Amendment, he noted, which would prevent states from barring someone from running for Congress based on race or gender, for instance.

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What if the Supreme Court declines to take the case, or upholds its 1995 ruling?

Congress could vote to amend the U.S. Constitution to set a nationwide age limit on elected officials.

Hypothetically, state legislatures could also bypass Congress by passing resolutions calling for the amendment to be adopted through a constitutional convention. According to U.S. Term Limits’ website, some states have already passed such resolutions. They would need a total of 34 in order to trigger a convention. There’s only ever been one U.S. Constitutional Convention, which took place in 1787.

This story was originally published on NorthDakotaMonitor.com

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Balanced Attack Leads Team North Dakota to Youth Tier II 16U 1A Championship

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Balanced Attack Leads Team North Dakota to Youth Tier II 16U 1A Championship


IRVINE, Calif. — Team North Dakota (ND) coach Jared Cowan didn’t have many words to share after he had just witnessed his program’s first title.

“Not many words so far here, it was a great tournament,” Cowan said. “The kids played hard, resilient and they put in the work. They deserve it.”

His kids played nearly perfect in the 1A title game of the 2026 Chipotle-USA Hockey Youth Tier II 16U National Championship at Great Park Ice, taking down Team Wyoming 9-0 on Sunday.

A four-goal second period helped North Dakota take control of a game that featured 36 total penalties.

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Asher Straus scored twice for North Dakota, while Nathan Fogarty, Ray Sjule, Tyler Dub, Carson Hogness, Keegan Brenno and Colton Lehn rounded out the team’s goals. There was one goal unaccounted for on the final stat sheet.

Balanced scoring has been a theme for North Dakota in this tournament. Sjule and Lehn became the 13th and 14th players to score a goal for North Dakota at nationals. Lehn led the tournament with eight assists, while Straus and Hogness tied for the team lead with five goals.

Unlike some other teams at nationals, the North Dakota roster came back together following the high school season and made a run to the national championship, just the third in state history.

“You’ve got to relearn how people play,” said Hogness, a co-captain. “People play differently in high schools, different systems, all that. So it’s a different aspect when you come back together and play. But it was fun.”

North Dakota’s 32-9 advantage in shots didn’t leave much work for goaltender Alex Straus, who had a nice kick save during a Wyoming power play midway through the first period that might have been the toughest he had to make Sunday. It was his second shutout of the tournament.

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“It means a lot,” Alex Straus said. “Three weeks ago, I was on the other side, losing in the state championship, so this means a lot to me.”

Alex Straus gave a lot of the credit to his defense, which was fantastic throughout nationals. North Dakota allowed four goals in five games.

“I think they’re pretty good,” Alex Straus said. “They block a lot of shots. Get the puck out deep and I think they listen to me pretty well when I give them some communication.”

Cowan said he had to shift two forwards back to defense for this tournament due to injuries and they kept the standard high.

“They put pressure on everything, and they don’t give up too many odd-man rushes and they block shots when they need to,” Cowan said.

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It’s just a good system to play in.”

Fogarty got the scoring started when, after the Wyoming goaltender had seemingly stopped the puck following a point-blank shot, he stuffed the puck into the goal 2:18 into the game.

“That’s what we try to do,” Cowan said. “We try to get that first one quick, and then just keep building on that with pressure and playing our position and playing connected in all three zones.”

Wyoming had two shutouts en route to the championship game, the second straight for several members of this roster. Wyoming dropped the Tier II 14U national championship game a year ago.

“I can’t give enough props to two teams from the Northern Plains both being here and that one of us gets to walk away a national champion,” Wyoming coach Kasey Kiel said. “But the fact is, out of everybody across the whole country, we’ve got two Northern Plains representatives. That’s fun.”

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Story from Red Line Editorial, Inc.





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Today in History: March 29, 1940 – New N.W. REA Minn-Kota unit organizes

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Today in History: March 29, 1940 – New N.W. REA Minn-Kota unit organizes


Today in History revisits the Friday, March 29, 1940, edition of the Grand Forks Herald and highlights a story of the organization of the Minn-Kota Electric Power Co-operative.

New N. W. REA Unit Organizes

Organization of the Minn-Kota Electric Power Co-operative, to direct farm electricity units in Minnesota and North Dakota counties along the Red river was completed at a meeting here Thursday night.

P. J. Donelly, Grafton, a director of the Nodak co-operative, was named president. Other officers will be S. E. Hunt of Thief River Falls, a director of the Red Lake Rural Electric association; vice president; Victor Edman of Alvarado, Minn., P K and M co-operative, secretary – treasurer; Einar Johnson of Lakota, attorney and A. L. Freeman of Grand Forks, acting superintendent. Engineers will be Ellerby and Co. of St. Paul.

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Power co-operative directors who attended were Hugh M. Trowbridge of Comstock, Minn., Red River Valley Electric association; O. P. Refling, Fertile, Minn., Wild Rice Rural Electric co-op; Harry Branigan, Shelvin, Minn., Itasca-Mantrap REA; M. D. Butler, Grand Forks, F. C. Chandler, Whitman, N. D., L. C. Odegard, Buxton, N. D., and Donelly, Nodak Rural Electric co-operative, Hunt and Edman.

Besides the nine directors, those in attendance included George J. Long of Washington, D. C., assistant engineering head of the rural electrification administration; G. B. Ellerbe & Co., engineer, St. Paul; W. T. DePuy, Nodak attorney, Grafton.

Grand Forks Herald archive image of a Trepanier Pharmacy advertisement as published on March 29, 1940.

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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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GameCenter live: Quinnipiac vs. North Dakota

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GameCenter live: Quinnipiac vs. North Dakota


SIOUX FALLS, S.D. — Quinnipiac and North Dakota are playing in the NCAA regional final in the Denny Sanford Premier Center. The winner advances to the NCAA Frozen Four in Las Vegas.

Time: 6 p.m.
Place: Denny Sanford Premier Center, Sioux Falls, S.D.
TV: ESPN2 (GF Ch. 26/621 HD).
Stream:

Watch ESPN.

Radio:

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The Fox (96.1 FM).

UND 1, Quinnipiac 0 — Jack Kernan 10 (Will Zellers) 6:03. Quinnipiac defenseman Braden Blace attempts to chip a puck out of the zone, but Zellers holds it in and gets it to Kernan along the halfwall. Kernan curls off the wall and into the left circle and snaps a puck five-hole on Bobcats goalie Dylan Silverstein for his 10th goal of the season.

UND 2, Quinnipiac 0 — Cody Croal 10 (Tyler Young, Abram Wiebe) 8:13. Kernan rims a puck around the wall to Wiebe at the left point. Wiebe fires a shot toward the top of the crease, where Young tries to tip it in. It goes to the top of the crease, where Croal sweeps it between his legs and into the back of the net for his third goal of the regional.

UND 3, Quinnipiac 0 — Jack Kernan 11 (Abram Wiebe) 12:20. Wiebe makes a fantastic play at the blue line to strip the puck from Quinnipiac forward Aaron Schwartz. Kernan picks it up near the left point, circles to the right circle and snaps one past Silverstein. The Bobcats yank Silverstein after the goal and put in Matej Marinov.

Forwards
26 Dylan James—29 Ellis Rickwood—9 Will Zellers
7 Mac Swanson—17 Cole Reschny—21 Ben Strinden
19 Cody Croal—15 Jack Kernan—14 Tyler Young
22 David Klee—20 Cade Littler—24 Josh Zakreski

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Defenseman
4 Jake Livanavage—2 Bennett Zmolek
25 Abram Wiebe—6 E.J. Emery
16 Andrew Strathmann—18 Keaton Verhoeff
13 Sam Laurila

Goaltenders
35 Jan Špunar
31 Gibson Homer
1 Zach Sandy

Not in lineup: F Ollie Josephson (inj), F Anthony Menghini, F Dalton Andrew, D Jayden Jubenvill, D Ian Engel

Forwards
27 Andon Cerbone—28 Chris Pelosi—11 Aaron Schwartz
20 Mason Marcellus—12 Markus Vidicek—19 Ethan Wyttenbach
23 Antonin Verreault—14 Victor Czerneckianair—10 Tyler Borgula
18 Anthony Cipollone—26 Matthew Lansing—8 Matthew McGroarty

Defensemen
15 Graham Sward—6 Charlie Leddy
7 Elliott Groenewold—22 Braden Brace
25 Nate Tivey—3 William Gilson
5 Brady Schultz

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Goaltenders
29 Dylan Silverstein
33 Matej Marinov
31 Samuel Scopa

Not in lineup: F Jeremy Wilmer (inj), F Alex Power, F Ben Riche, D Logan McCutcheon

Referees — Andrew Bruggeman and Sam Hernandez (Big Ten)
Linesmen — Sam Shikowsky and Tommy George (Big Ten)
Supervisor — Steve Piotrowski (Big Ten)

UND is using the same lines as Thursday’s regional game against Merrimack. . . Quinnipiac is using the same lines as Thursday’s game against Providence. . . The Fighting Hawks are looking to go to their first NCAA Frozen Four since 2016, when the program won its eighth national championship. . . Quinnipiac is looking to return to the Frozen Four for the first time since 2023, when the school won its first national title. . . UND and Quinnipiac have met twice in the NCAA tournament. UND beat the Bobcats in the 2015 NCAA regional in Fargo and in the 2016 NCAA national championship game.

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By
Brad Elliott Schlossman

Schlossman has covered college hockey for the Grand Forks Herald since 2005. He has been recognized by the Associated Press Sports Editors as the top beat writer for the Herald’s circulation division four times and the North Dakota sportswriter of the year twice. He resides in Grand Forks. Reach him at bschlossman@gfherald.com.





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