South Dakota
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
Veterans drive the conversation at gubernatorial forum
SIOUX FALLS, S.D. (Dakota News Now) – South Dakota veterans had their chance on Thursday to go straight to the people who want to lead the state.
At a Disabled American Veterans Forum, gubernatorial candidates faced questions on what support for vets will actually look like moving forward.
Republican candidates Larry Rhoden, Toby Doeden, Dusty Johnson, joining remotely, and Jon Hansen all took part in Thursday’s discussion.
“We have an opportunity to hear specifically veterans’ issues. We’re planning on talking about property tax, long-term health care, rural transportation with is a really big issue that we have in our state. We are a very rural state. And how the VA works with our rural veterans and what the plans are,” said South Dakota Veterans Council president Anna Arnold.
Organizers said the goal for Thursday’s event is to make sure candidates hear directly from veterans and their families.
Copyright 2026 Dakota News Now. All rights reserved.
South Dakota
Gov. Larry Rhoden outlines policy priorities as early voting approaches in South Dakota
Gov. Larry Rhoden began his political career as a school board member. He then served as a state legislator and as Lieutenant Governor in the Kristi Noem administration.
Rhoden is one of four Republicans vying for the state’s top elected office. He stopped by the SDPB studios in Sioux Falls to lay out his policy priorities. He spoke to SDPB’s Lori Walsh.
Rhoden is one of four Republicans on the primary ballot. Early voting begins on April 17. The primary election is June 2.
Watch the full Republican primary debate online.
A transcript of the interview follows:
LARRY RHODEN
It’s pretty simple. You know, I’ve said that my goals, my priorities, my pillars are to keep South Dakota strong, safe, free and open for opportunity. That’s more than just soundbites. That’s how we work.
I’ve got a great team around me. I’ve got the lieutenant governor in the studio with me right now. That’s a big part of my administration — putting the right people on the bus with me.
We’ve accomplished a great deal in the last 15 months. If people choose to give me another four years, it will be more of that.
We will just work to get things done. Bring businesses to South Dakota, strengthen the businesses we have, remain a low regulation state. The first seven months after session last year, I was on my Open for Opportunities tour, and learned a great deal about what we’ve got going for us. We learned a great deal on how to expand on what we’ve already accomplished in the state. And we will continue to follow that track.
LORI WALSH
You were lieutenant governor When Kristi Noem was governor during the pandemic. So when you’re on the Open for Opportunties tour post-pandemic, when you’re governor, you’re getting to see some business leaders who have also been through the pandemic and are not only reflecting on what happened in their business during that time, but looking to the future.
What did you learn about the crisis leadership during the pandemic from those business owners a few years later?
LARRY RHODEN
Yeah, that’s a fascinating question, and it was really interesting to me because we were touring businesses that had moved here post-pandemic. And because of the way South Dakota — the Noem/Rhoden administration —handled keeping our state open, that was the incentive for a lot of new business to move here.
So there was a mix of (new businesses) and a mix of old businesses that have been here for generations. It really gave me a kind of a new perspective on how much we have going for the state and also how much we take for granted.
I learned a great deal just by listening to the people. I told a few stories of policies that we learned about during that those tours that we went on to address at the federal level and found relief for businesses just by bringing them to … the Trump administration was just taking, control, and so we found that pretty valuable … to take things we learned from the business owners and actually implement change because of it.
LORI WALSH
It was an unprecedented time. Was there anything that you look back on five or six years later that you think, “We should have done that too. Or, we should have done that instead.”
LARRY RHODEN
You know, not really. When I look back on that, I mean, when we were going through it, it’s hard, it’s really hard to describe what it was like. And Tony (Venhuizen) was chief of staff for Kristi Noem at that time. So he was a big part of that. And, I think he would agree, just the unknown going through that.
What I’ve said, looking back, was that there were 49 governors who were making decisions based in fear, and one governor that was making decisions based on fact and then standing her ground.
But that wasn’t easy. Because some of the talking heads were trying to convince us that we were going to kill half our population if we made the wrong decisions. You kind of lay awake at night wondering if you were making the right decisions and, in history, looking back, she made the right decisions.
We made the right decisions.
LORI WALSH
And lot of people did die, thousands of South Dakotans died. And that’s something to reflect on too. How do you think about those lives today?
LARRY RHODEN
Well, obviously every life is precious. And you can never make light or discount the loss of life. But the statistics prove that we weren’t any worse off than we would have (been) if we would have closed our state down like other states had.
So I think the statistics bear out that we made the right decisions. We came through Covid in a lot better shape from the education perspective and from the disruption in our children’s lives. You know, our kids got back into the class or got back on track with their education a lot faster than they did in many other states.
LORI WALSH
One of the things I think I’m getting at is the weight of leadership. The role of governor can be a place to have big ideas and think about legacy and even power and influence. But it is also very consequential.
And you’ve been through that. And if people elect you, you’ll have another natural disaster, for example, or another crisis for South Dakotans.
How do you show up for your neighbors as governor?
LARRY RHODEN
Well, you know, for me, I’ve lived it. I grew up on a ranch in western South Dakota, and that’s just the way we live our lives.
When we had winter storm Atlas, we showed up for the neighbors and we took on the responsibility for others and helped our neighbors, looked out for them. And we learned that through Covid.
I’ve learned even last year as governor that there is a lot of weight on your shoulders. I surrounded myself with people that are like-minded, that are people of integrity and they’re wise and they give good counsel.
But the decision’s mine.
I think growing up on a ranch and running a ranch or running your own business also provides the background for making those decisions and a foundation for making decisions.
And we’ve accomplished some pretty significant things in the last year, especially with the legislature that we had acquired. There were a lot of, like I’ve said, a lot of new members and a lot of, you know, just disarray.
But, one of the cornerstones of my administration was civility. And I think that more than anything probably gives me a leg up on the other candidates, because I’ve had a lot of experience at dealing with legislators and people in different leadership positions all the way back to my military career.
My wife reminded me that when I was in basic training, I was the chosen trainee leader of my basic company in basic training. And, all that is part of who I am as far as learning about leadership.
And one of the primary advantages of being a good leader is knowing how to work with people and build relationships.
I think that’s what we saw in our legislature. I was a lot more hands on and a lot more proactive than other governors. I was on the third floor talking to legislators having them to my office to visit about their concerns. I think that’s what we need in the state is a leader that will lead by example and promote civility.
LORI WALSH
You mentioned surrounding yourself with like-minded people who can give you wise counsel.
In what ways do you surround yourself with people who don’t think like you, who might have a different idea about what freedom or safety means than you?
In what ways do you listen to them?
LARRY RHODEN
Well, you know, that’s also an interesting question. And, you know, in my team, there are a lot of, a lot of differing views, and they come at it from different perspectives based on their life experience.
When I say like-minded, I’m talking about people with the core values that are like mine, you know, people of integrity and, and people that are focused on policy.
And I’ve said this many times to my team that we were going to focus on policy. Policy. Good policy makes good politics for the most part, and good politics does not necessarily make good policy.
And so, you know, that’s, that’s primary to the decisions we make is focusing on the policy of the issues.
That gets to be a lot more difficult, especially when even in the last few weeks and months, every decision I make is held under that microscope of whether or not it’s political or not.
That’s come up in just the last few days and some of the events I went to. I’ve been challenged by some of the other candidates whether it was politically motivated.
That’s rather irritating to me because it’s not true. I know in my heart of hearts that it’s not true, that that I am focused on doing my job.
And just because three other guys want my job doesn’t mean I’m going to stop doing mine. I’m going to continue with what I just said — focusing on policy and making wise decisions for the betterment of South Dakota. Dealing with the politics is secondary to that.
LORI WALSH
So for people who don’t know, one of those things is your use of the Future Fund and $2 million to Western Dakota Tech to bring a gunsmithing program. Some of your competitors …
LARRY RHODEN
It was actually 4 million.
LORI WALSH
Four million. Thank you. Four million dollars for a gunsmithing program. Help separate that because they’re saying that’s politics. You were using your platform to say: Look at me. I’m doing this thing.
You’re saying that’s good policy. Tell us why that’s a good policy to use the Future Fund in that way, to bring this program to Western Dakota Tech.
LARRY RHODEN
Certainly. Well, I said this the other day when that first came up: I can’t think of anything more sound than using Future Fund dollars to bring an industry like that, a gunsmithing school, to Western Dakota Tech.
We’re using that to pay for the equipment and other things to get that class from Colorado into South Dakota in Rapid City, where we have a statewide … the gun industry, firearms industry, has gotten bigger and bigger.
And so it’s a perfect fit for South Dakota, and it’s a perfect fit for Future Funds. Because that’s what they’re designed to do so we can help bolster our economic future for our state.
And so if you’re planting those kind of seeds in an industry that’s already blooming in South Dakota, that’s, I think, just common sense.
LORI WALSH
Is there a demand for gunsmiths? Like there’s a demand for plumbers, electricians, for example?
LARRY RHODEN
Absolutely. And, especially out in in the Rapid City area, in Sturgis. in Sturgis, the entire industrial part, I think, is probably, three fourths of the businesses in their industrial park are gun-related. They have the old Dakota Arms. It’s now … I can’t think of the name offhand. There are a number of gun businesses in the Sturgis area, ammunition producers in the Rapid City area. So, absolutely.
Not to mention the fact that we opened the Pete Lien and Sons shooting complex just a few months ago, and we’ve already had over 30,000, visits to that gun range so far. And that’s just in the last few months. And that’s more than we expected in the first year.
So, that was created, that part of that shooting complex because of our Second Amendment … you know, we’re the most Second Amendment friendly state in the nation. And we have a lot of gun enthusiasts. And by all means, I think there’s a huge demand for gunsmiths in South Dakota.
LORI WALSH
After July 1st, new legislation from this legislative session will change how the governor can use Future Fund dollars. With the decisions that you’ve made, with the Rapid City National Defense Area and with the gunsmithing program, will those match the requirements that you’ll be under on August 1st for example?
You see what I’m asking?
LARRY RHODEN
I do. I understand thoroughly. And the (answer) is absolutely.
But let’s be clear, after July 1st, they won’t change. What that statute did, you know, there was concern over some of the ways that Future Funds were used in the past, prior to my administration. And, so we wanted to clear that air early on in session.
And so I issued an executive order, basically saying this is my view and what my blueprint is going to look like for determining the appropriate uses for Future Funds. I issued that and the legislators looked at that, said, well, would you support this if this was in statute?
Well, absolutely. Yeah. If it’s the same criteria that I spelled out as what I’m going to self-regulate with as far as appropriate uses for Future Funds. And so that’s what they basically put in statute. And so there was no change, practically speaking, from the way I was already doing business and the way I’d committed to do business with the use of the Future Funds.
LORI WALSH
What’s your vision for South Dakota in the future? I know “strong, safe and free.” But say more about what we’ll look like 50 years from now. What are you laying the groundwork for?
LARRY RHODEN
You know, we have we’ve already taken steps that indicate what my vision for the state is.
Ag will always be king in South Dakota. We have such a vast amount of ground. And so we’ve developed that, but beyond that, we’ve also focused on value-added agriculture, and we’ve gained leaps and bounds in that. And we’ve gained leaps and bounds in expanding our economic potential through trade, foreign trade in the last three years.
And I’ve been a big part of that. And Tony’s been a big part of that. He’s now leading trade missions. And I was as lieutenant governor. We just laid out in the last State of the State address that the next big industry in South Dakota would be national defense. And that’s an extension of that vision.
And if you’re looking at big picture, big ideas, big ideas that fit South Dakota, well, nothing fills a bill, I think, better than national defense being our next big industry in South Dakota.
Food security is national security. So as a starting point, we own the bone on food security in South Dakota.
And, beyond that — industry. Ellsworth Air Force Base and the addition of the B-21 bombers that are coming, we already have that industry. That’s starting to blossom on its own, but we’re going to be a lot more coordinated in that. I just announced the South Dakota Defense Institute. And that’s another part of that vision. To get that going and to jumpstart that.
LORI WALSH
Connecting with that — and I don’t think I’m going out on a limb here — we’ve also seen a lot of South Dakotans say they didn’t want a pipeline cutting through their land. They didn’t want their kids to see their data centers as far as the eye can see from the bus window on the way to school in Deuel County, in Piedmont and in Meade County, they don’t want their kids breathing air from limestone mines.
This is also a state where people want to walk the land, swim in the rivers and lakes, breathe the clean air. What are you doing to protect the land, the scenery of South Dakota?
LARRY RHODEN
I think we’ve struck a great balance there. I look at what the Black Hills looked like when I was a kid and Whitewood Creek, think how far we’ve come in protecting our natural resources and, and even in the way we’ve applied government.
You know, there was some concern about combining the Department of Ag with the Department of Environment and Natural Resources. But what we’ve seen, and what I’ve said all along — and I think I’ve been vindicated on that — is that our ag producers, especially these generationally owned farms and ranches, which are 90 plus percent of our ag operations, nobody has a more vested interest in protecting our natural resources than the generational farmers and ranchers that have taken care of that land forever.
We continue to be vigilant about guarding our natural resources, but I think we’ve struck a pretty good balance.
LORI WALSH
As we wrap up here, I’m wondering if there’s an issue you wanted to talk about yet, or if you just wanted to address voters who maybe still don’t know your name about who you are?
LARRY RHODEN
Well, I’m. I’m Larry Roden, born and raised on a ranch in western South Dakota. I think if I talked about things that people might not know about me, that maybe set me apart, there’s a few things that set me apart.
I’m the only candidate that’s served the nation in the armed forces. I was in the National Guard for six years.
And I have a long history of military service in my family. That makes a difference. I think I look at things differently, and even the service to my nation, I think, set me up for a better perspective on running a state. I’m the only candidate that’s made my living off the land in agriculture.
And I think that’s also important. And I’m a generational South Dakotan. My grandparents on both sides of my family were homesteaders out in the area that I live now. And so I’ve grown up with a heart of service. And I’ve served the state, I’ve served my community, I’ve served the nation.
I think that sets me up better than most of the other candidates. And I’ve done the job and I’ve proven by results. Everybody else has plans. I’ve demonstrated the results of building coalitions and getting the job done.
South Dakota
4,000 lottery winners for Mount Rushmore fireworks
SIOUX FALLS, S.D. (KELO) — Around 4,000 people were selected to attend the fireworks show at Mount Rushmore July 3.
A lottery was created for the event at the national memorial and cost $1 per application. Each applicant could select up to four tickets.
According to the National Parks Service, South Dakota had the most lottery applicants and received the most reservations. The state had 316 applications which include tickets for 1,198 people. Colorado had 74 applications covering 275 people.
There were 102,991 requests for the tickets, Katlyn Svendsen with Travel South Dakota said in a news release. Travel South Dakota is the state government’s tourism agency.
Those who wanted tickets were able to put their names into the randomly selected lottery administered by Recreation.gov from April 8 to April 12. The winners were notified April 14.
Total attendance for the 2026 event was reduced from the 2020 event to enhance visitor experience and prioritize safety and security for guests. There were around 7,500 guests at the 2020 event.
“Tickets were assigned at random with either parking garage or shuttle options,” the National Park Service said in an email to KELOLAND News. “Seating at the event will be available on a first-come-first-served basis within the developed area of the memorial.”
According to the news release from Travel South Dakota, 30 pyrotechnicians and trained highline operators will install fireworks and lighting at designated locations at the memorial. The event begins at 4 p.m. and will conclude around 4 p.m.
The state contracted earlier this month with Pyro Spectaculars to produce the display at a maximum cost of $700,000 for the event, officially called South Dakota’s Freedom 250 Mount Rushmore Fireworks Celebration. Based in California, Pyro Spectaculars also did the 2020 event.
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