South Dakota

North Dakota Supreme Court denies state’s request to reinstate abortion ban • North Dakota Monitor

Published

2 days ago

January 24, 2025

North Dakota Supreme Court denies state’s request to reinstate abortion ban • North Dakota Monitor

The North Dakota Supreme Court on Friday declined to reinstate a near-total abortion ban as the state’s appeal proceeds.

In a Friday majority opinion by Justice Daniel Crothers, the court appeared skeptical of several of the state’s core arguments defending the law, hinting that it may side with plaintiffs in its final ruling. North Dakota sets a high bar for declaring laws unconstitutional, requiring the vote of four of five Supreme Court justices.

Justices Lisa Fair McEvers and Daniel Narum, sitting in for Justice Douglas Bahr, joined Crothers in the majority opinion. Chief Justice Jon Jensen and Justice Jerod Tufte dissented.

North Dakota Supreme Court considers motion to reinstate abortion ban while appeal is pending

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. The serious health risk threat does not include psychological conditions.

A group of reproductive health care doctors and an abortion clinic challenged the law in 2023, arguing it infringes on individual rights and puts health care providers in danger by not making it clear when an abortion may be performed for health reasons.

“This ruling helps restore access to reproductive health care, but the fight is not over. We will continue to fight to ensure that people in North Dakota can access safe and legal abortion care when they need it most,” Christina Sambor, one of the attorneys representing the plaintiffs, said in a statement.

The decision comes after South Central Judicial District Court Judge Bruce Romanick struck down the ban in September 2024, declaring it unconstitutionally vague and an infringement on medical freedom.

Romanick further found that “pregnant women in North Dakota have a fundamental right to choose abortion before viability exists.” His decision asserts broader abortion protections than the North Dakota Supreme Court’s 2023 abortion ruling, which established that women in North Dakota have a right to seek an abortion for health reasons.

The high court appeared to agree with Romanick and the plaintiffs on several points, including his assertion that the law is too vague to enforce.

Laws that restrict constitutional rights must meet a “high degree” of specificity, but the abortion law does not appear to meet this standard, the justices found.

“Along with its general language, the law uses complex terms like ‘serious health risk’ and ‘substantial physical impairment,’ yet the law provides no definition or guidance as to what these terms are supposed to mean,” the opinion states.

This could have dire consequences, the justices continued. If the abortion law cannot be easily interpreted, it can force patients to forgo life-saving care and put doctors at risk for criminal persecution, they wrote.

The majority opinion also called the ban’s health exemptions arbitrary and inconsistent.

The three justices questioned why the law’s exemption for serious health risks specifically excludes mental health conditions, for example.

“The law is unlikely to survive strict scrutiny review because it criminalizes abortions necessary to prevent a woman from harming or killing herself,” the opinion states.

The court further noted that the law likely will not be enforced until a final decision in the case is reached, so keeping Romanick’s ruling would not pose any harm to the general public. State’s attorneys in Burleigh, Cass, Grand Forks and Stark counties agreed not to enforce the law until the case is closed, according to the opinion.

The Red River Women’s Health Clinic, at one time the state’s sole abortion clinic, moved across state lines to Moorhead, Minnesota, in 2023.

In his dissent, Tufte cautioned that the court “has little precedent to guide” its decision on the matter.

North Dakota judge vacates state abortion ban, ruling it unconstitutional

He said letting Romanick’s decision stand “has the effect of suspending enforcement of the statute until an uncertain future date when this Court renders final judgment on the merits,” he wrote. “It is not clear whether a simple majority of three members of this Court has that power.”

He noted that when the North Dakota Supreme Court made its 2023 decision on the state’s previous abortion law, it was at an early stage of the lawsuit. The court never made an “ultimate decision” as to the constitutionality of the law, Tufte wrote.

Tufte also agreed with the state that Romanick’s opinion contained significant legal errors that could undermine the district court ruling, and that the authors of the North Dakota Constitution did not have any intention of it being used to establish abortion rights.

Jensen wrote that the high threshold for declaring laws unconstitutional in North Dakota, coupled with what he characterized as an unusual legal analysis by Romanick, gives him pause about leaving the lower court’s decision in place.

The state’s appeal of the district court’s ruling has yet to be decided. The state earlier this month asked for oral arguments, which have not been scheduled.

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South Dakota

SDSU Takes Down South Dakota in Saturday Showdowns

Published

11 hours ago

January 26, 2025

Press Room

SDSU Takes Down South Dakota in Saturday Showdowns

Anytime South Dakota and South Dakota State get together for a rivalry matchup, its must see action for those that call our great state home.

That was the case on Saturday, when both Men’s and Women’s hoops collided.

First, the Women took to the court down in Vermillion, where SDSU dominated to the tune of a 77-59 win.

Later in the afternoon, the Men’s programs locked horns up in Brookings, where the Jackrabbits prevailed in a 90-71 onslaught.

Per GoJacks.com:

A balanced scoring effort lifted the Jackrabbits as seven players scored at least six points each. Brooklyn Meyer and Haleigh Timmer paced the offense with 15 apiece, followed by Mesa Byom with 13 and Katie Vasecka with 12. Paige Meyer and Madison Mathiowetz finished with eight each, followed by Emilee Fox with six.
SDSU got six quick points from Byom and opened up an 11-4 lead over the Coyotes in the first 4:30 on action. A 16-0 stretch that included eight straight from Mathiowetz stretched the score to 27-8 late in the opening quarter. The Coyotes scored nine straight in the second period to pull back within seven, but a Vasecka triple made it a 10-point game again and the Coyotes never got back within single digits. A 17-2 start to the second half made it 65-38 for the Jacks and the visitors cruised from there.

As for the Men’s game:

South Dakota State controlled its matchup against South Dakota from the opening possession as the Jackrabbits earned a 90-71 victory over the Coyotes on Saturday, Jan. 25, in First Bank & Trust Arena. The Interstate Series game, presented by First Interstate Bank, was played in front of a facility-record 4,764 spectators.
South Dakota State improved to 14-8 overall and 5-2 in conference play. South Dakota dropped to 12-10 (3-4).
The Jackrabbits had five double-digit scorers in the contest. Garry led all scorers with 19 points while he grabbed a career-best nine boards. Larson and Stoney Hadnot scored career highs of 18 and 14, respectively. Oscar Cluff finished off his 14th double-double of the season with 11 points and 14 rebounds, to go along with a career-high seven assists. Mors registered 10 points.
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The two programs will meet again later this season. The Women tussle on Saturday, February 15th in Brookings, while the Men’s programs collide in Vermillion that Sunday, February 16th.

Source: GoJacks

Recent Dakota Marker History Between NDSU and SDSU

Gallery Credit: Bert Remien

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South Dakota

SDSU defeats USD in first matchup at First Bank & Trust Arena

Published

19 hours ago

January 26, 2025

Press Room

SDSU defeats USD in first matchup at First Bank & Trust Arena

BROOKINGS, S.D. (Dakota News Now) – South Dakota State controlled its matchup against South Dakota from the opening possession as the Jackrabbits earned a 90-71 victory over the Coyotes on Saturday, Jan. 25, in First Bank & Trust Arena. The Interstate Series game, presented by First Interstate Bank, was played in front of a facility-record 4,764 spectators.

SDSU’s Owen Larson connected on a 3-pointer less than 30 seconds into the clash. A Kalen Garry layup and another Larson trey put the Jackrabbits ahead 8-0 with just over two minutes off the clock. South Dakota cut the margin to 10-5 at the 16:50 mark of the first half, but a Garry 3-pointer on the Jackrabbits’ ensuing possession thwarted any opportunity for the Yotes.

A Matthew Mors 3-pointer pushed the SDSU advantage to 19-7 with 14:38 remaining in the first half. The Jackrabbit lead wouldn’t dip into single digits again.

An Isaac Lindsey 3-pointer pushed SDSU ahead to 37-15, the Jackrabbits’ largest advantage of the first half, with 6:27 to play in the opening 20 minutes. South Dakota State eventually went into halftime up 49-32.

USD continued its attempt to rally back. A pair of Quandre Bullock free throws cut the Coyote deficit to 12, 57-45, with 14:23 to go. The Jackrabbits halted any comeback at that point, pushing the edge back to 20-plus points just under the nine-minute mark.

Garry drained a 3-pointer to give SDSU its largest lead of the game of 25 points with 3:12 remaining. South Dakota State emptied its bench for the rest of the contest as the Jacks went on to complete a 19-point victory over the Coyotes.

South Dakota State improved to 14-8 overall and 5-2 in conference play. South Dakota dropped to 12-10 (3-4).

The Jackrabbits had five double-digit scorers in the contest. Garry led all scorers with 19 points while he grabbed a career-best nine boards. Larson and Stoney Hadnot scored career highs of 18 and 14, respectively. Oscar Cluff finished off his 14th double-double of the season with 11 points and 14 rebounds, to go along with a career-high seven assists. Mors registered 10 points.

South Dakota, the nation’s fifth-highest-scoring offense averaging over 86 points per game, was held to 71. The Yotes had three players score 11 points and two record 10 apiece. Mayuom Byom had a team-high seven rebounds.

NOTES:

South Dakota State made five of its first six three 3-pointers. The Jacks were eventually 12 of 31 (38.7%) from 3-point range while they held the Yotes to a 4-for-24 clip (16.7%). SDSU also outshot USD 48-38% from the field.
The Jackrabbits had a 49-31 rebounding edge as well as a 15-6 difference in assists.
South Dakota State has now won 18 of 20 in Brookings against South Dakota during the 21st century. The Jackrabbits have won nine consecutive games in the Interstate Series. That span is tied for the longest between the two programs since a nine-game win streak for SDSU during a stretch between the years 1920-23.
The 4,764 fans are the most for an event ever in First Bank & Trust Arena. In the midst of its inaugural year of events, the previously facility high was 4,582 when the South Dakota State women’s basketball team hosted Duke earlier this season.

UP NEXT: The Jackrabbits go on the road for two consecutive games. SDSU opens up a road trip north on I-29 by taking on North Dakota State in Fargo on Thursday, Jan. 30, at 7 p.m.

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South Dakota

SD reactions to Kristi Noem’s confirmation as DHS Secretary, Larry Rhoden becoming Governor

Published

1 day ago

January 25, 2025

Press Room

SD reactions to Kristi Noem’s confirmation as DHS Secretary, Larry Rhoden becoming Governor

SIOUX FALLS, S.D. (Dakota News Now) – After a confirmation hearing that was civil and less contentious than other recent hearings, it seemed all but a guarantee that South Dakota Governor Kristi Noem’s nomination would be confirmed. That became a reality on Saturday with a favorable 59-34 vote that even received approval from seven Democrats.

It took Senate Republicans breaking a filibuster to get it done, but an early morning vote made Kristi Noem just the second South Dakotan to be selected for a Presidential cabinet position.

In her confirmation hearing, Noem promised to work on making America safer by securing the southern border and combatting terrorism.

“As we face the evolving threats of the 21st century, the mission and the success of DHS is more critical than ever,” Noem said on January 17th. “We must be vigilant and proactive and innovative to protect the homeland.”

Many South Dakotans like U.S. Representative Dusty Johnson congratulated Noem on the new position.

“I’ve seen Kristi make good decisions in times of adversity and disaster, and I know she will continue to showcase her strong South Dakota work ethic in her new role,” Representative Johnson said on X.

Senate Majority Leader John Thune also shared praise for Noem.

“I know she’s ready to get to work for President Trump and the American people,” Senator Thune shared on X.

On social media, Senator Mike Rounds wished Noem the best and said, “South Dakota is punching above its weight, a true testament to our people.”

Following her confirmation, Noem herself took to social media to thank President Donald Trump for his confidence in her and repeated he promise to work on making America safe.

Her resignation letter soon followed and with that Lt. Governor Larry Rhoden officially became the 34th Governor of South Dakota as anticipated. In a release, he shared insights about his transition.

“Until now, I have kept my extensive preparations for this succession to myself,” said Governor Rhoden. “I would have loved to have spoken openly sooner, but the time was not yet appropriate. South Dakotans should rest assured that I’m ready to serve as your Governor.”

Many officials congratulated the new Governor. South Dakota Attorney General shared his connection to Rhoden in a release.

“I have known Larry since he welded our ranch branding irons more than a quarter of a century ago, and I have appreciated serving with him during the years,” Jackley said. “As Attorney General, I look forward to continuing to work with him to make our State the best in the Nation.”

Representative Johnson also congratulated the Governor and praised his character.

“Larry has a proven record of serving our state. I trust he will do a great job leading and I look forward to working with him to keep South Dakota great.”

Governor Rhoden also posted a heartfelt reflection on assuming the new role on X.

Friday was my last day presiding over the South Dakota Senate as Lt. Governor and Senate President. A few of my grandkids made it out to celebrate!
I am grateful for the honor to serve as Governor, and I will cherish my memories of serving in our legislative chambers. pic.twitter.com/g7Cyfoql2L
— Governor Larry Rhoden (@GovLarryRhoden) January 25, 2025
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Rhoden said he held months of briefings and meetings with Noem and many other current and former state officials in preparation for the new title. They began to plan this succession shortly after President Trump nominated Noem in November.

While Rhoden officially became Governor per the South Dakota constitution right away, details on the succession and swearing-in ceremony have yet to be announced.

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