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.
New ballot measure guide to be mailed to North Dakota voters ahead of election
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BISMARCK (North Dakota Monitor) — A federal district court judge indicated he will nullify a nearly $28 million judgment against the federal government related to costs North Dakota incurred during the Dakota Access Pipeline protests so the parties can reach a settlement.
North Dakota is still set to receive a payment Attorney General Drew Wrigley described as satisfactory, but attorneys would not disclose the amount during a Friday hearing.
Attorneys for the United States and North Dakota said the settlement would allow the parties to avoid litigating the case in appeals court,putting the nearly seven-year-old lawsuit to rest.
“We’re hoping we really don’t need to fight any further,” Department of Justice attorney Jonathan Guynn said during the hearing.
The lawsuit, filed in 2019, concerns demonstrations against the construction of the crude oil pipeline, also known as DAPL, that took place in rural south-central North Dakota in 2016 and 2017.
North Dakota claims the federal government caused the protests to grow in size and intensity by unlawfully allowing demonstrators to camp on federal land. The state says it had to pay millions of dollars on policing and cleaning up the encampments as a result. The United States denies the state’s allegations.
North Dakota U.S. District Court Judge Daniel Traynor in April 2025 sided with the state and ordered the executive branch to pay North Dakota the $28 million sum, a decision the U.S. Department of Justice later appealed to the 8th Circuit.
If the settlement moves forward, North Dakota would receive a “substantial monetary payment” from the United States, attorneys said Friday. As a condition of the agreement, the Department of Justice wants Traynor’s judgment and three other orders in which he ruled against the United States to be voided. That includes the court’s 120-page ruling from April 2025.
Both parties said Friday that having the rulings nullified wouldn’t have a significant negative impact on the public, since the documents could still be cited even if they no longer hold the weight of court orders.
At the same time, Guynn said the Department of Justice wants the orders vacated because it doesn’t want the legal conclusions Traynor made to influence the outcome of future lawsuits.
“The downstream consequences of keeping these on the books is troublesome for the United States,” he said during the hearing. If Traynor does not agree to axe the rulings, the United States would likely no longer be willing to settle and move forward with its appeal instead, Guynn added.
Traynor’s orders make findings about the federal government’s responsibility under the Federal Tort Claims Act — the law North Dakota filed the suit under — which the state noted previously in court filings “could have utility holding the federal government to account” in the future.
Still, attorneys for the state said they believe this trade-off is outweighed by the time and money the public would save by not going through the appeals process. North Dakota would also avoid the risk of having Traynor’s judgment overturned by higher courts.
Wrigley said the settlement will be made public once it’s finalized.
The United States’ appeal of Traynor’s decision has been on hold since last summer, when the state and federal government informed the 8th Circuit Court of Appeals they had started settlement negotiations and wished to pause the case.
The 8th Circuit will have to first send the case back to Traynor before he could grant the parties’ requests.
The case went to trial in Bismarck in early 2024. During the four-week trial, the court heard from witnesses including former governors Doug Burgum and Jack Dalrymple, Native activists, federal officials and law enforcement.
The Dakota Access Pipeline carries crude oil from northwest North Dakota to Illinois. It crosses the Missouri River just north of the Standing Rock Sioux Reservation, which prompted the tribe to begin protesting the pipeline on the grounds that it poses a threat to its water supply and sovereignty.
North Dakota’s lawsuit originally requested $38 million in damages from the federal government. Traynor ordered the executive branch to pay $28 million since the U.S. Department of Justice previously gave the state $10 million as compensation for costs it spent related to the protests.
BISMARCK, N.D. (KFYR) – North Dakota leaders unveiled an initiative aimed at getting more oil out of the Bakken, using enhanced oil recovery and CO₂.
Senator John Hoeven said the effort is getting a boost from $36 million from the Department of Energy for “Crack the Code 2.0,” a $157 million initiative with state and industry funding.
Hoeven said the goal is to use CO₂ for enhanced oil recovery, calling it “an important, usable, valuable commodity” and saying, “We’re linking our coal plants with our oil and gas producing companies to do it.”
Funding will be used to develop technology to make enhanced oil recovery profitable and viable, and then implement it in North Dakota oil fields in a number of pilot projects.
Hoeven said current recovery rates in the Bakken are limited.
“We’re only producing about 10 to 12% of the oil out of that shale,” he said, “But with EOR, advanced oil recovery techniques, we can double it. We can take it from 10 to 12% up to 25% or better.”
Hoeven said the effort is also tied to electricity demand, saying North Dakota will “produce more electricity for a company that wants to do AI, that wants to do data centers, needs more and more electricity,” and that “it isn’t just about oil and gas.”
North Dakota Petroleum Council President Ron Ness said the pilot projects are expected to start soon.
“We hope to see these pilots putting their technologies into the ground sometime late this year, first quarter of next year,” said Ness.
“So I would expect by this time next year, we’re going to maybe potentially begin to see what are some of the results early on,” Ness added. “And again, this is going to take multiple, multiple swings at this thing. It’s not going to just happen. If it was easy, we’d be doing it. Nobody’s done it anywhere in the world. This is where we’re going to crack the code.”
Copyright 2026 KFYR. All rights reserved.
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