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North Dakota Supreme Court upholds temporary block of state’s abortion ban

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North Dakota Supreme Court upholds temporary block of state’s abortion ban


The North Dakota Supreme Courtroom has upheld a brief block of the state’s abortion ban.

The ruling got here Thursday within the lawsuit introduced final summer season by the Purple River Ladies’s Clinic, previously the only real abortion supplier in North Dakota. The clinic moved from Fargo to neighboring Moorhead, Minnesota, final yr after the U.S. Supreme Courtroom’s Dobbs determination, which overturned the constitutional proper to an abortion in Roe v. Wade.

The ruling means the ban stays blocked whereas the clinic’s lawsuit proceeds in state district courtroom. 

Chief Justice Jon Jensen wrote within the 27-page majority opinion, “Whereas the regulation of abortion is inside the authority of the legislature beneath the North Dakota Structure, RRWC has demonstrated probably success on the deserves that there’s a basic proper to an abortion within the restricted cases of life-saving and health-preserving circumstances, and the statute isn’t narrowly tailor-made to fulfill strict scrutiny.”

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North Dakota’s 2007 Legislature handed the set off regulation, to take impact and ban most abortions after Roe v. Wade was overturned.

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The set off ban would make it a felony to carry out an abortion until needed to stop the girl’s loss of life, or in circumstances of rape or incest. Violations can be punishable by as much as 5 years in jail and a $10,000 effective.

Legal professional Basic Drew Wrigley sought to vacate South Central District Decide Bruce Romanick’s months-old preliminary injunction of the set off ban. 

The courtroom heard oral arguments final fall. 

Jensen additionally wrote, “The North Dakota Structure ensures North Dakota residents the fitting to take pleasure in and defend life and the fitting to pursue and acquire security, which essentially features a pregnant girl has a basic proper to acquire an abortion to protect her life or her well being.”

Clinic

The Heart for Reproductive Rights, which represents the clinic, welcomed the opinion. 

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Clinic Director Tammi Kromenaker stated in a press release, “The courtroom made the fitting determination and sided with the folks of North Dakota right now. These in search of abortion care know what’s greatest for themselves and their households and may be capable of entry such important providers if and after they want it. Whereas I’m heartbroken that now we have been pressured to shut our doorways right here in Fargo, we are going to proceed to serve the area at our new clinic in Moorhead, Minnesota.”

North Dakota Senate passes bill revising abortion laws

Heart President and CEO Nancy Northup stated in a press release, “Immediately, the courtroom rightfully stopped some of the excessive legal guidelines within the nation from taking impact and depriving North Dakotans of their reproductive freedom. Underneath the state structure, North Dakotans are promised the rights to life, liberty, security, and happiness, all of which shield the fitting to abortion. In state after state, folks have made clear that they need this proper protected, but state officers proceed to disregard the desire of their residents. We are going to proceed to work tirelessly to guard North Dakotans and the elemental human rights of all folks.”   

Wrigley

The legal professional common in a press release stated, “North Dakota’s Supreme Courtroom seems to have taken on the function of a legislative physique, a task our structure doesn’t afford them.”

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“Our Territorial and state legal guidelines are clear on this matter and are explicitly confined to defending the lifetime of the mom,” Wrigley stated. “Legislatures might have expanded that slim exception, however they haven’t carried out so. Nonetheless, the North Dakota Supreme Courtroom right now chooses a path of its very personal, by holding there’s now additionally an un-defined ‘well being’ exception to abortion regulation.

“Our Supreme Courtroom did this with out express help from our state Structure, and with out help from legislative enactments in our historical past of abortion regulation,” he wrote.

Invoice’s standing

Transferring by means of the Legislature is Senate Invoice 2150, by Sen. Janne Myrdal, R-Edinburg, which might revise language of the state’s 2007 abortion set off ban and 2013 “heartbeat invoice” within the wake of the Dobbs ruling.

The Senate handed the invoice in January in a 43-4 vote. The invoice awaits a Home vote after a 12-2 “do cross” advice from the Home Human Companies Committee, following a listening to this week. 

North Dakota Catholic Convention Govt Director Christopher Dodson informed the Tribune, “We’re happy in the intervening time that the courtroom didn’t discover a proper to an abortion within the state structure for elective abortions, however just for preserving the lifetime of the mom and the well being of the mom.”

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Dodson additionally stated, “It seems that many of the issues the courtroom talked about regarding the present regulation are remedied in Senate Invoice 2150. Right now, we will take just a few days, I hope, to assessment each the opinion and the invoice to verify every thing is according to the brand new opinion.”

Wrigley additionally highlighted the invoice in his assertion.

“Fortunately, our legislature has spent the previous two months engaged on laws that recrafts North Dakota’s abortion legal guidelines, and they’re going to now have the chance to enact the desire of North Dakotans, conscious of the most recent North Dakota Supreme Courtroom pronouncement,” he stated.

Final yr, 532 abortions occurred in North Dakota, based on provisional information from the state Division of Very important Data. None occurred after August 2022. 

Because the U.S. Supreme Courtroom in June overturned Roe v. Wade, the ruling that protected the fitting to abortion for practically 5 a long time, abortion restrictions have been as much as states and the panorama has shifted shortly.

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13 states are actually implementing bans on abortion at any level in being pregnant and another — Georgia — bans it as soon as cardiac exercise will be detected, or at about six weeks’ gestation.

Getting abortions has turn out to be more and more tough for ladies who reside in states with bans, in some circumstances leading to elevated medical problems and in others forcing residents to journey for hours and even days to succeed in a facility that may present abortions legally.

Courts have placed on maintain enforcement of abortion bans or deep restrictions in Arizona, Indiana, Montana, Ohio, South Carolina, Utah and Wyoming. Idaho courts have pressured the state to permit abortions throughout medical emergencies.

The Related Press contributed to this report.

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Legal professionals from each political events are preventing to both ban or help the usage of an abortion tablet.


Attain Jack Dura at 701-223-8482 or jack.dura@bismarcktribune.com.

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South Dakota

Man who killed transgender Native American woman in 2022 takes manslaughter plea • South Dakota Searchlight

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Man who killed transgender Native American woman in 2022 takes manslaughter plea • South Dakota Searchlight


The man who shot a transgender Native American woman to death in 2022 pleaded guilty to second-degree manslaughter this week in Pennington County. 

Pennington County State’s Attorney Lara Roetzel filed first-degree manslaughter, drug and firearms charges against 54-year-old Gregory Edward Landers in February, about a year and a half after he killed 30-year-old Acey Morrison in his Rapid City trailer.

The case caught national attention in LGBTQ+ circles in part because of the extended wait between the time Landers called 911 to report the killing and the date on which he was indicted by a grand jury in Rapid City. Morrison was honored in 2022 during the annual Transgender Day of Remembrance, which takes place each November in memory of transgender people who lost their lives to violence in the preceding year.

Gregory Landers. (Courtesy of Pennington County State’s Attorney’s Office)
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Landers pleaded guilty to the second-degree manslaughter charge on Monday in Rapid City, two days before this year’s day of remembrance. 

Second-degree manslaughter involves the reckless killing of another human being. The maximum penalty is 10 years in the state penitentiary.

A letter from Roetzel in the Landers case file says she intends to ask for a 10-year sentence with three years suspended at his Dec. 19 sentencing. His other charges were dismissed as part of the deal.

“This case is a tragic reminder of the consequences of reckless and violent actions,” Roetzel said in a statement to South Dakota Searchlight. “By accepting responsibility through his guilty plea, Mr. Landers is being held accountable for the harm he caused. We remain committed to seeking justice for victims like Acey Morrison and ensuring our community remains safe.”

Court documents offer insight into self-defense arguments

Landers told law enforcement he’d shot Morrison in self-defense when he called 911 to report the killing. He maintained that he’d acted in self-defense throughout court proceedings this year. 

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Most of the documents, exhibits, photos and transcripts associated with his effort to have the manslaughter charge dismissed under South Dakota’s “Stand Your Ground” law are sealed. 

The documents that remain public do offer some new details on the situation. Landers claimed he’d let Morrison stay the night after the two connected on a dating app, but that she wouldn’t leave when he asked. He said she’d broken his ribs in an altercation over the shotgun that killed her. 

Court documents say he was treated for bruised ribs and a broken hand after the homicide. The lead investigator characterized the break to Landers’ hand as a “boxer’s fracture,” an injury typically associated with punching someone or something.

‘Stand your ground’ law alters criminal justice landscape

Landers argued throughout the proceedings that he’d wrestled a shotgun away from Morrison before shooting her in the chest, and had moved to hire an expert to re-check for DNA on the weapon. In a letter to Judge Heidi Linngren, Landers called himself an innocent man and wrote that he should not be convicted because of “incompetent” DNA testing.

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That testing found Morrison’s DNA on the weapon, including near the barrel of the gun, but it had more of Landers’ DNA on it. Her left index finger was blown off in the shooting, according to a motion from Roetzel asking Judge Linngren to deny Landers’ request for immunity from prosecution. That’s consistent with her hands being “at the top of the barrel of the muzzle at the time of discharge.”

Roetzel’s arguments noted that Landers had accused Morrison of performing a factory reset of his phone, presumably to steal and sell it, but later admitted he’d wiped the phone’s memory to conceal information from law enforcement. Landers also said he and Morrison hadn’t had sex, despite DNA evidence to the contrary, and that the physical fight between them took place in a bedroom and a closet that were undisturbed when officers arrived.

“Defendant says he acted in self-defense, but his words have little meaning, given the number of lies he has been caught telling,” Roetzel wrote.

Lead detective resigns

Morrison’s mother, Edelyn Catches of Oglala, grew frustrated with the justice system as she awaited an answer about her daughter’s death. 

Just over a year after Morrison’s death, Catches lost her son Daniel Freeman to homicide in an incident that took place on the Pine Ridge Reservation and has yet to draw criminal charges.

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Nine months and counting: Slain transgender woman’s family frustrated by wait for justice

The U.S. Attorney’s Office prosecutes felony crimes on tribal lands. U.S. Attorney spokeswoman Ace Crawford was not immediately able to offer any information on the Freeman case Thursday afternoon.

The charges for Landers were a relief for Catches, but she said the self-defense arguments and an issue with the lead investigator in the case, Cameron Ducheneaux, had her anxious about the outcome. 

Ducheneaux resigned from the Pennington County Sheriff’s Office for reasons that aren’t disclosed in the public court file. His resignation is noted in the file, but documents and personnel records that could shed further light on the resignation were only made available to the prosecution, defense and judge.

On Thursday, Catches said she’d been told that Ducheneaux’s situation could have called his credibility into question at Landers’ trial. The trial was initially set to begin this week.

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The plea deal means Ducheneaux will not be called to testify at a trial, nor would his credibility be called into question by Landers’ attorney.

“Looking at what we were facing, he actually had a chance of walking,” Catches said Thursday.

Tony Mangan, spokesman for the state Division of Criminal Investigation, said Ducheneaux remains a certified law enforcement officer, and that a hearing on his certification will take place during a meeting of the Law Enforcement Officers Standards and Training Commission meeting on Dec. 4. 

The process of working through the self-defense arguments, seeing images of Morrison after the killing and hearing accusations leveled at Morrison throughout was stressful, Catches said.

“It was just way out of Acey’s character, the way he described the altercation,” Catches said.

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She’s glad Roetzel pursued the case, despite the wait, and that Landers has now admitted to recklessly killing Morrison.

“It was an uphill fight the whole way,” Catches said. “At least he’ll get something, and it will be on the record that he killed Acey.”

 

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Matt Gaetz bows out as Trump’s pick for attorney general • South Dakota Searchlight

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Matt Gaetz bows out as Trump’s pick for attorney general • South Dakota Searchlight


WASHINGTON — Former Florida Congressman Matt Gaetz announced Thursday he’s withdrawing as President-elect Donald Trump’s planned nominee for attorney general days after securing the appointment.

Gaetz’s path to Senate confirmation was highly unlikely following years of investigations about alleged drug usage and payments for sex, including with an underage girl. He submitted his resignation to Congress last week.

“While the momentum was strong, it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance Transition,” Gaetz wrote in a social media post. “There is no time to waste on a needlessly protracted Washington scuffle, thus I’ll be withdrawing my name from consideration to serve as Attorney General. Trump’s DOJ must be in place and ready on Day 1.” 

Trump posted on social media afterward that he “greatly” appreciated “the recent efforts of Matt Gaetz in seeking approval to be Attorney General.”

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“He was doing very well but, at the same time, did not want to be a distraction for the Administration, for which he has much respect,” Trump wrote. “Matt has a wonderful future, and I look forward to watching all of the great things he will do!”

The House Ethics Committee voted along party lines Wednesday not to release its report on Gaetz, following more than three years of investigation. Gaetz has repeatedly denied any wrongdoing, including the allegations that he had sex with a minor.

Meetings with senators

Trump’s running mate, Ohio Sen. J.D. Vance, spent Wednesday shuffling Gaetz between meetings with Republicans on the Senate Judiciary Committee, which would have held his confirmation hearing. Republicans will control the Senate in the new session of Congress beginning in January.

South Carolina Sen. Lindsey Graham, the top Republican on the Judiciary Committee, wrote on social media that he respected Gaetz’s decision to withdraw his name from consideration as AG.

“I look forward to working with President Trump regarding future nominees to get this important job up and running,” Graham said.

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The office of Sen. John Kennedy of Louisiana, fellow Senate Judiciary Committee Republican, declined to comment.

Gaetz’s future is unclear, given that he resigned from the U.S. House last week and notified the chamber he didn’t plan to take the oath of office for the upcoming 119th Congress.

He first joined the House in January 2017 and led efforts to remove former House Speaker Kevin McCarthy from that role last year, setting off a month-long stalemate within the House Republican Conference over who should lead the party.

The race to fill his empty seat in a special election has already attracted six candidates, mostly Republicans in a heavily conservative-leaning district.

Gaetz could jump into the race for his old seat, possibly winning a place back in the House of Representative next year following the special election.

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AG oversees Department of Justice

The attorney general is responsible for overseeing the Department of Justice, which includes the federal government’s top law enforcement agencies as well as prosecutors.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, or ATF, Drug Enforcement Administration, Federal Bureau of Investigation, Federal Bureau of Prisons, Office for Victims of Crime, Office on Violence Against Women and U.S. Attorneys’ offices are among the 40 entities within the DOJ and its 115,000-person workforce.

Congress approved $37.52 billion for the Department of Justice in the most recent full-year spending bill.

Trump had two attorneys general during his first term as president. He first nominated former Alabama Sen. Jeff Sessions, whom Trump later fired amid disputes, and then Bill Barr. 

Ashley Murray contributed to this story

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This is a developing report that will be updated.

Last updated 12:47 p.m., Nov. 21, 2024



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Duke 75-71 South Dakota State (Nov 17, 2024) Game Recap – ESPN

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Duke 75-71 South Dakota State (Nov 17, 2024) Game Recap – ESPN


BROOKINGS, S.D. — — Jadyn Donovan finished with 23 points and 15 rebounds to help No. 16 Duke hold off South Dakota State 75-71 on Sunday.

Donovan hit 11 of 17 shots from the floor and added four assists and four steals for the Blue Devils (4-1). It was the second double-double this season for the sophomore.

Ashlon Jackson totaled 17 points and four assists for Duke. Vanessa de Jesus scored 13 off the bench.

Brooklyn Meyer scored 25 points on 9-for-13 shooting to lead the Jackrabbits (3-1). Paige Meyer had 12 points and seven assists. Haleigh Timmer scored 11 on 5-for-7 shooting. Kallie Theisen grabbed 12 rebounds but did not score.

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Jackson had nine points to guide the Blue Devils to a 23-18 advantage after one quarter.

Donovan scored off a rebound to give Duke a 10-point lead with 90 seconds left before halftime. But Brooklyn Meyer had the only basket from there and South Dakota State trailed 38-30.

The Jackrabbits grabbed the lead at 47-45 after Timmer’s layup and two free throws by Meyer. Donovan answered with a dunk off a rebound and finished off a three-point play, and Reigan Richardson and Toby Fournier sank shots in the final 44 seconds to send the Blue Devils to the fourth quarter with a 54-50 lead.

Mesa Byom hit a 3-pointer with 7:38 left to play to pull South Dakota State even at 59. Donovan answered with another rebound basket and a jumper, and the Blue Devils stayed in front from there.

The Jackrabbits stayed within striking distance by hitting 8 of 16 shots from beyond the arc while Duke sank just 3 of 11.

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The Blue Devils return home to play Belmont on Thursday.

—— Get poll alerts and updates on the AP Top 25 throughout the season. Sign up here. AP women’s college basketball: https://apnews.com/hub/ap-top-25-womens-college-basketball-poll and https://apnews.com/hub/womens-college-basketball



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