North Dakota
North Dakota’s overturned abortion ban won’t be in effect during appeal, court rules
North Dakota’s abortion ban will not be enforced while the state appeals an earlier decision that found it unconstitutional, the state’s highest court ruled Friday.
That appeal has yet to fully play out in the state Supreme Court after a judge struck down the law in September.
North Dakota has had no abortion providers since the only one moved from Fargo to neighboring Moorhead, Minnesota, in 2022. The only scenarios in which North Dakotans can currently obtain an abortion in the state would be for life- or health-preserving reasons at a hospital.
The plaintiffs had contended that keeping the overturned ban from being enforced was important for patients with pregnancy complications who go to a hospital seeking medical care that might be delayed because of the law.
Attorneys for the state had asked the North Dakota Supreme Court to let the ban be enforced pending appeal. They said a stay “is warranted because this case presents serious, difficult, and unresolved constitutional questions that are of profound importance to the people of this State,” among other reasons.
State District Judge Bruce Romanick had earlier denied such a request, saying: “It would be non-sensical for this Court to keep a law it has found to be unconstitutional in effect pending appeal.”
The Center for Reproductive Rights, which represents the abortion clinic and several physicians who challenged the law, opposed enforcement of the overturned ban. The court heard oral arguments on the state’s request in November.
In the three-member majority opinion, Justice Daniel Crothers cited several legal reasons against the state’s arguments, writing at one point: “The upshot of the State’s argument is that any decision that recognizes a previously unobserved constitutional right should warrant a stay. We reject the request to adopt such a tenuous connection between the proposition advanced by the State and our precedent.”
The plaintiffs welcomed the decision.
“Today’s decision to keep the abortion ban blocked was the only logical outcome,” Meetra Mehdizadeh, senior staff attorney at the center, said in a statement. “People are dying without access to abortion, and still the State sought to stop pregnant North Dakotans facing dangerous situations from getting the care they need. It’s shameful. We will not stop fighting until this ban is struck down once and for all.”
In a statement, North Dakota Attorney General Drew Wrigley said: “This is only a decision on the stay motion, not on the constitutional merits of the legislation. North Dakota will continue moving forward to fully litigate this matter before the state Supreme Court, where we intend to establish that the law passed by our legislature is clearly constitutional.”
The case has had a winding road since the Red River Women’s Clinic initially challenged the state’s previous abortion ban in the wake of the U.S. Supreme Court overturning Roe v. Wade in 2022.
In 2023, North Dakota’s Republican-controlled Legislature revised the state’s abortion laws. That law criminalized the performance of an abortion as a felony, with the only exceptions to save the life of a mother or to prevent a “serious health risk” to her. The ban also allowed for abortions in cases of rape or incest but only up to six weeks gestation, which is often before many women know they are pregnant. The plaintiffs said the law was unconstitutionally vague and its health exception too narrow.
Republican state Sen. Janne Myrdal, who introduced the 2023 bill that became law, said she doesn’t view Friday’s decision as a setback.
“It’s not a reflection of the validity of the constitutionality of the law … and I don’t read anything more into that fact, actually,” Myrdal said.
A Center for Reproductive Rights spokesperson said the clinic has no current plans to return to North Dakota.
North Dakota
Letter: ND ag products should be lauded
“Grown in North Dakota” ought to be a marketing slogan and have meaning worldwide, like Champagne from France or San Marzano tomatoes from Italy. The state should put public money to work to make this happen.
Whether it’s helping farmers and ranchers get USDA Organic certificates or starting our own statewide quality program, our agricultural producers here in ND ought to receive a premium for their product based on our excellent stewardship of the land. There is unrealized value in organic, or natural, products and we as North Dakota should lean into this and be at the forefront.
Along these lines, an article in the journal, “Regulatory Toxicology and Pharamcology,” that was published 25 years ago was just retracted. The article in question asserted that the chemical glyphosate used in RoundUp, the popular weed killer, was not carcinogenic. It turns out, through unrelated litigation, that those listed as authors didn’t actually write the article. They were paid by the company that makes the chemical to stamp their names on it.
Wow.
Does this mean that Roundup causes cancer? Not necessarily. But this “scientific” article was apparently used to argue to the public and government regulators over the past two decades that it did not, and now we know that article is probably not true.
This past April our corporate-owned Republican legislature went to bat for the German chemical company that makes RoundUp by passing a bill that insulates them from lawsuits, the only state in the nation to do such a thing. We look like rubes.
Matthew Zimny is a resident of Bismarck.
North Dakota
Freezing rain, snow headed into eastern North Dakota, northwest Minnesota
GRAND FORKS — A two-pronged weather system will bring rain, sleet and snow to portions of eastern North Dakota and northwest Minnesota, according to WDAY and the National Weather Service.
On Monday, Dec. 8, the NWS predicts a “weak system” will produce a trace to 2 inches of snow in the region, according to a statement sent to the media. A stronger system will come on the heels of the first one, “bringing a wide range of potential winter impacts, from accumulating snow and mixed precipitation to high winds.”
In other words, it appears it’s time for some typical winter weather on the Northern Plains.
“Slight changes in the track of the system could change snow amounts and the possibility of any freezing rain,” the National Weather Service said in its media packet. “Winds will increase Tuesday night as a strong cold front moves into the area. However, it will be after the main batch of snow and it is uncertain how much warmer temperatures and rain/freezing rain earlier in the day will affect blowing snow.”
Considering the possibilities, a winter storm watch is in effect for northeastern North Dakota and parts of western Minnesota. The watch is for counties essentially from Langdon to Fargo in North Dakota, down to Fergus Falls and up to Roseau in Minnesota.
The system likely will be more impactful in the northern Red River Valley and northwestern Minnesota. On Monday, snowfall will be between a trace to 2 inches. It’ll likely be less snow and possibly more rain in Fargo, while places like Jamestown and Bismarck could see rain, but perhaps won’t see much snow .
On Tuesday, the best chances for 2 inches or more of snow are in the Devils Lake basin, across the northern Red River Valley and into central Minnesota. Some rain and freezing rain could move into southeastern North Dakota, but the impacts “are uncertain at this point,” the NWS said.
“Tuesday, that is the mess that is going to create a lot of problems on the road,” Jesse Ritka, WDAY’s chief meteorologist, said during a Sunday broadcast. The potential exists for rain, sleet and ice pellets, she said, and winds could reach 30 mph.
Temperatures over the weekend were in the single digits, but Monday will see temperatures rise into the higher teens to nearly 30 in the southern part of the region. On Tuesday, it’ll likely be in the 20s in places like Devils Lake, Grand Forks and Bemidji, according to WDAY, but likely in the 30s in Jamestown, Wahpeton, Fargo and Fergus Falls.
Monday will start off “snow free,” Ritka said during her forecast Sunday. “By the middle of the day, we’ll track the snow pushing through the Red River Valley. By the middle of the afternoon (it will be) out of here by about 5 or 6 o’clock.”
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.
North Dakota
Trevian Carson helps North Dakota State hold off Northern Arizona 69-68
FARGO, N.D. (AP) — Trevian Carson had 19 points and 12 rebounds to help North Dakota State hold off Northern Arizona 69-68 on Saturday night.
Carson also had three steals for the Bison (7-3). Markhi Strickland totaled 16 points and five rebounds. Damari Wheeler-Thomas scored 10 .
Zack Davidson led the way for the Lumberjacks (4-4) with 20 points. Arne Osojnik added 11 points, eight rebounds and two steals. Ryan Abelman had 11 points, six rebounds and five steals.
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The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.
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