Connect with us

North Dakota

Port: Whatever the courts decide, North Dakota must address its unworkable abortion ban

Published

on

Port: Whatever the courts decide, North Dakota must address its unworkable abortion ban


MINOT, N.D. — North Dakota’s near-total ban on abortions, which however for the reticence of our judicial department of state authorities could be the regulation post-Roe v. Wade, isn’t good public coverage.

It was launched by Democratic lawmakers through the 2007 legislative session

and handed by a bipartisan majority

that, I’m satisfied, by no means believed the regulation would really be enforced.

Advertisement

The lawmakers who voted on the regulation little doubt thought that Roe, gross judicial overreach that it was, would by no means be overturned.

However in that rarest of occasions in politics — a department of presidency willingly giving again energy it usurped — the U.S. Supreme Court docket turned the query of abortion again over to state legislatures the place it ought to have been all alongside.

It stays to be seen whether or not North Dakota’s courts will bow to political stress and magic into existence some proper to an abortion in North Dakota’s structure. Nevertheless that comes out, North Dakota has some work to do on its present statute.

The so-called “set off” ban, because it stands now, isn’t workable.

The regulation bans all abortions, making the act a felony, however then permits for some “affirmative defenses” towards prosecution for abortions carried out in instances of rape or incest, or to guard the mom’s well being.

Advertisement

The issues with the way in which this coverage is written are manifest.

As a sensible matter, how does one set up {that a} rape has occurred, thus permitting for a legally defensible abortion? Can the pregnant lady merely say that she was raped? Should she identify the accountable get together? Does that felony act should be adjudicated, with innocence or guilt established in a court docket of regulation, earlier than the abortion can then be defensible?

After which there’s this “affirmative protection” stuff. Should you have been a health care provider, would you need to present lawful abortion providers in cases of rape or incest or well being dangers, figuring out that you might have regulation enforcement trying over your shoulder?

There is a due course of downside right here, too. Most felony regulation places the burden of proof on the state with regards to establishing {that a} crime has been dedicated, however this regulation places the burden of proof on medical professionals, tasking them with proving that any abortions they carry out defensible.

It is a perversion of how the American felony justice system ought to work.

Advertisement

The Legislature should step in and repair these issues earlier than our acquisitive courts swipe the difficulty for themselves once more.

What our lawmakers must do is quit on a complete ban and as a substitute embrace a compromise ban on abortions after one thing like 12-15 weeks.

The 15-week ban Republican Sen. Lindsey Graham proposed on the federal degree

is one mannequin that might be tailored for the state.

Not solely would such a coverage be enforceable, however it could even be in step with the place most North Dakotans, and most Individuals, are at on abortion today.

Advertisement

Ballot after ballot exhibits majorities against each complete bans and utterly unfettered abortion. What the individuals need is a few wise coverage between these extremes.

Our lawmakers can, and will, ship simply that.





Source link

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

North Dakota

Ward County pursuit ends in crash

Published

on

Ward County pursuit ends in crash


WARD COUNTY (KFGO) – A North Dakota State Trooper attempted to stop a pickup truck for a traffic violation on Highway 2 near mile marker 142. The pickup fled from the trooper along with Ward County deputies and initiated a pursuit. 

The pickup exited Highway 2 and drove west on Ward County Road 12, then turned south onto 156th Street SW. A Ward County deputy successfully spiked the pickup just north of Ward County Road 14 on 156th Street SW. The pickup drove south across Ward County Road 14 and entered a field. Law enforcement set up a perimeter around the field. Law enforcement located the pickup approximately 1⁄2 mile south of Ward County 14 in the field where the pickup struck a large stack of round bales. 

The driver, a 45-year-old man from New Town, ND was not wearing a seatbelt. He sustained serious injuries and was transported to Trinity Hospital in Minot. The driver was charged with driving under suspension, fleeing a peace officer, and aggravated reckless driving. 

The passenger, a 45-year-old woman from Stanley, ND was not wearing a seatbelt. The woman sustained serious injuries and was transported to Trinity Hospital in Minot. Names will be released at a later date. 

Advertisement

This incident remains under investigation by the North Dakota Highway Patrol.



Source link

Continue Reading

North Dakota

A chance to bring term limits back to life – The Boston Globe

Published

on

A chance to bring term limits back to life – The Boston Globe


Of course, there is a surefire way to guarantee more turnover in Congress: term limits. Imposing a hard cap on how long senators and representatives can retain their seats wouldn’t prevent scoundrels, zealots, and incompetents from getting elected. It would keep them from becoming entrenched in power. It would make congressional elections more competitive, more responsive, and more meaningful. It would encourage more good and talented people to run for office. And it would decrease the influence of lobbyists, whose clout depends on ties to long-time incumbents.

There is little about politics today on which Democratic and Republican voters agree, but the desirability of congressional term limits has long been an exception.

The Pew Research Center last fall measured public support for a number of proposed reforms, including automatic voter registration, expanding the Supreme Court, and requiring a photo ID to vote. By far the most popular proposal was a limit on the number of terms members of Congress can serve. An overwhelming 87 percent of respondents favored the idea. Similarly, researchers at the University of Maryland’s School of Public Policy, who have studied public attitudes on this issue since 2017, report that very large majorities of Republicans, Democrats, and independents consistently back term limits.

If congressional term limits command such widespread bipartisan regard, why don’t they exist?

Advertisement

Actually, they used to. A wave of citizen activism in the early 1990s led 23 states, comprising more than 40 percent of all the seats in Congress, to enact laws limiting the terms of senators and representatives. But in 1995, a sharply divided Supreme Court ruled in US Term Limits v. Thornton that neither the states nor Congress may add to the conditions for serving in Congress. In a 5-4 decision, the court ruled that inasmuch as the Constitution did not set a maximum number of terms for senators and representatives, states cannot do so either.

The dissent, written by Justice Clarence Thomas, was strong.

“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,” he observed. “The Constitution is simply silent on this question. And where the Constitution is silent, it raises no bar to action by the States or the people.”

At the time, the court’s ruling had the effect of nullifying congressional term limits in all the states that had adopted them. But nearly 30 years later, might the issue get a second look?

Maybe.

Advertisement

On June 11, North Dakota voters handily approved an amendment to the state constitution imposing an age limit on candidates for Congress. The new measure disqualifies anyone from running for the House or Senate if they would turn 81 before the term ends. Under the 1995 decision, the North Dakota law is unconstitutional, since it imposes an eligibility requirement to serve in Congress that isn’t in the Constitution. So it is widely assumed that the law will be challenged in federal court. Federal judges are bound by Supreme Court precedent, so the law will presumably be struck down by the district court, and that decision will be affirmed by the court of appeals.

But that would set up an appeal to the Supreme Court, providing an opportunity to revisit the issue — and perhaps overturn US Term Limits v. Thornton. Of the justices who were on the court in 1995, the only one still serving, as it happens, is Thomas. Another of the current justices, Neil Gorsuch, co-authored a 1991 law review article defending the constitutionality of term limits.

It might seem odd that a challenge to North Dakota’s congressional age limits law could conceivably open the door to undoing a Supreme Court precedent dealing with term limits. But the underlying issue is the same in both cases: whether the people in each state have the right to set the rules for gaining access to their ballot and representing them in Congress.

There is good reason for the public’s unflagging support for limiting congressional terms. Because the advantages of incumbency are so powerful, it has become incredibly difficult to dislodge a sitting member of Congress. US presidents, most governors, and mayors of many of the country’s largest cities are term-limited. Most Americans, across the political spectrum, have steadfastly believed senators and representatives should be too. Nearly 30 years ago the Supreme Court took the power to make that decision away from the people. Soon it may have a chance to restore it.

Jeff Jacoby can be reached at jeff.jacoby@globe.com. Follow him on X @jeff_jacoby. To subscribe to Arguable, his weekly newsletter, visit globe.com/arguable.

Advertisement





Source link

Continue Reading

North Dakota

Operation Dry Water 2024 focuses on Fourth of July week

Published

on

Operation Dry Water 2024 focuses on Fourth of July week


BISMARCK, N.D. (KFYR) – North Dakota Game and Fish Department game wardens will once again participate in a national campaign called Operation Dry Water.

“Operation Dry Water is a national campaign focusing on the awareness and enforcement of boating under the influence, both alcohol and drug use,” said Jackie Lundstrom, NDGF game warden supervisor.

This year’s campaign is focused on the Fourth of July week, July 4-6.

“That time frame has historically been picked because it is a national holiday, and it’s a time frame when just about everybody gets together for some sort of family gathering or friends and family outing and watching fireworks,” said Lundstrom.

Advertisement

There are many partners who participate in Operation Dry Water on a local and national level.

“Across the country, all agencies involved with any type of water enforcement. That could be a state agency, it could be sheriff’s departments, local police departments. We have states and territories all over the country that are involved with this project. And it’s also in correlation with the U.S. Coast Guard as well,” said Lundstrom.

What can boaters expect when stopped by game wardens or other participating agencies during Operation Dry Water?

“If you are stopped, whether it was for an initial violation or a safety check, our officers will go through those items that are required, and then they’ll also discuss whether or not there’s a sober operator on board for the day,” said Lundstrom.

The Fourth of July is a holiday when family and friends typically gather and have a great time on our state’s lakes and rivers, but at the end of the day, everyone has the same end goal.

Advertisement

“Our ultimate goal when we’re outdoors and out on the water, especially this holiday weekend, we want to make sure that everyone comes home safe and has a good time on the water,” said Lundstrom.

Most of the fatal boating accidents in North Dakota are alcohol-related.



Source link

Advertisement
Continue Reading

Trending