Tag Archives: Supreme Court

North Dakota Gov. Doug Burgum presents his two-year budget proposal to state lawmakers Wednesday, Dec. 5, 2018. Tom Stromme / Bismarck Tribune

Burgum’s Right That the Legislature’s Delegation of Powers to an Interim Committee Is Unconstitutional

Burgum’s Right That the Legislature’s Delegation of Powers to an Interim Committee Is Unconstitutional

Today Governor Doug Burgum announced that he has vetoed SB2055. You can read his veto statement and accompanying letter explaining his decision below. In his letter, Burgum quotes from a state Supreme Court ruling, Legislative Assembly vs. Burgum, settling a dispute between the Legislature and his administration over vetoes (where Burgum mostly lost) and the delegation

Shane Goettle, a member of the committee sponsoring Marsy's Law, speaks at a press conference in the state capitol prior to petitions, shown in front of podium, being delivered to the Secretary of State's office. In back from left are Marsha Lembke, Burleigh County Sheriff Pat Heinert, Kelly Leben of the Burleigh County Sheriff's Department, Lacee Anderson, Kathleen Wrigley and Nicole Peske. TOM STROMME/Bismarck Tribune

Marsy’s Law May Have Put North Dakota in Violation of the 8th Amendment

Marsy’s Law is yet another of the legal headaches created by North Dakota’s deeply flawed initiated measure process. Approved by voters after a slick marketing campaign bankrolled by a California billionaire (who is currently facing drug trafficking charges), Marsy’s Law created in North Dakota’s constitution what supporters call “victim’s rights” and more honest observers describe

A demonstrator outside the Supreme Court building, on Capitol Hill in Washington, Oct. 6, 2018. (Tom Brenner/Copyright 2018 The New York Times)

U.S. Supreme Court Decision Could Mean Big Changes for North Dakota Bar Association

Lawyers in the State of North Dakota pay dues to what’s called an integrated bar. The State Bar Association of North Dakota is both the official regulatory body for the legal industry in our state, administering the licensing and discipline of lawyers who work in our state, and an advocacy group for the legal industry.

Sen. Jeff Flake (R-Ariz.) at a Judiciary Committee executive session before taking a vote to move Judge Brett Kavanaugh’s nomination to the Supreme Court out of committee, on Capitol Hill in Washington, Sept. 28, 2018. Flake’s last-minute decision to force an extended FBI investigation of Kavanaugh wasn’t what most Republicans wanted, but it could end up easing the way for the nominee’s Supreme Court confirmation, columnist Carl Hulse says. (Erin Schaff/Copyright 2018 The New York Times)

The Problem With Agreeing to an FBI Investigation of Kavanaugh Is Assuming Democrats Are Objecting in Good Faith

Last week when retiring Arizona Senator Jeff Flake dropped a bomb on the confirmation proceedings for Supreme Court nominee Brett Kavanaugh, saying a prerequisite for his yes vote would be a short and focused FBI investigation, I suspect his motivations were pure. I think he truly believed he was doing the right thing, allowing a

Sen. Heidi Heitkamp (D-N.D.) speaks during a Senate Homeland Security and Governmental Affairs subcommittee hearing on the “Oversight of Efforts to Protect Unaccompanied Alien Children from Human Trafficking and Abuse” on Capitol Hill in Washington, Aug. 16, 2018. (Erin Schaff/Copyright 2018 The New York Times)

Will Heitkamp Vote for Hate or Kavanaugh?

Yesterday’s testimony before the Senate Judiciary Committee was a cathartic moment after weeks of hate and invective aimed at Trump Supreme Court nominee Brett Kavanaugh. The nominee’s righteous indignation aimed at the committee members was something to behold. He was angry, and I’m not sure how anyone not blinkered by partisanship could conclude that the

Christine Blasey Ford appears at a Senate Judiciary Committee hearing in Washington on Thursday, Sept. 27, 2018. Blasey is to testify about her accusation that Judge Brett Kavanaugh, President Trump’s Supreme Court nominee, sexually assaulted her. (Erin Schaff/Copyright 2018 The New York Times)

Poll: Majority of North Dakota Voters Want Kavanaugh Confirmed Including Plurality of Females

A survey conducted by North Star Opinion Research (an organization with a B rating from FiveThirtyEight.com), and commissioned by the Judicial Crisis Network, finds that a majority of North Dakota voters, including a plurality of female voters, supports the confirmation of Judge Kavanaugh. The polling memo is below. “North Dakota voters say that Judge Kavanaugh

FILE -- Sen. Heidi Heitkamp (D-N.D.) speaks with former librarian Gerry Wagness at the Tofthagen Library and Museum in Lakota, N.D., July 14, 2018. The sexual assault accusation against Judge Brett Kavanaugh hasn’t just upended what was expected to be his relatively easy Senate confirmation to the Supreme Court. The allegation has also scrambled the political calculations for 10 Democratic senators running for re-election in states won by President Donald Trump, particularly moderate Democrats. (Tim Gruber/Copyright 2018 The New York Times)

Report: Democrats Confident Heitkamp Can Be Persuaded to Vote Against Kavanaugh

Senator Heidi Heitkamp has been running away – literally – from questions about the confirmation of Supreme Court nominee Brett Kavanaugh, but according to a report in Politico today Democrats feel the incumbent who has been trailing by slim margins in the polls can be persuaded to vote against him: Sens. Jon Tester of Montana, Doug

People gather in the rotunda of the Russell Senate Office Building in Washington on Monday, Sept. 24, 2018, to protest against Judge Brett Kavanaugh's nomination to the Supreme Court. The woman who has accused Kavanaugh of sexually assaulting her when they were teenagers has committed to testify before the Senate Judiciary Committee on Thursday, setting up a potentially explosive confrontation unlike any seen in decades with the future of the Supreme Court at stake. (Erin Schaff/COPYRIGHT 2018 The New York Times)

Connie Krapp: ‘Guilty Until Proven Innocent’ Threatens the #MeToo Movement

This guest post was submitted by Connie Krapp, a Jamestown resident who worked for a North Dakota electric cooperative for 22 years. For only being a year old, the #MeToo movement has mounted a metamorphic case for women’s rights. We’ve all heard of careers crumbled when women came forward with tales of trauma at the

Supreme Court nominee Brett Kavanaugh talks on day two of his confirmation hearing. Washington Post photo by Melina Mara

Mark Western: Kavanaugh Hearing Makes a Mockery of the Supreme Court

This guest post was submitted by Mark Western, a Fargo lawyer who occasionally writes on the intersection of law and politics in North Dakota. I am already tired of the hype and posturing. Mostly because it’s making a mockery of the job of a Supreme Court Justice. This week is shaping up to be a

FILE -- Sen. Heidi Heitkamp (D-S.D.) during a Senate hearing on Capitol Hill in Washington, June 12, 2018. Heitkamp is one of three Democrats who are up for reelection in states President Donald Trump carried and voted to confirm Justice Neil Gorsuch. (Tom Brenner/The New York Times)

Senator Heitkamp Doesn’t Want to Be Photographed With Trump’s Supreme Court Nominee

UPDATE: Senator Heitkamp’s office has released a photo of the discussion since this post was written. Still, her office didn’t allow independent photo journalists take pictures. The challenge for incumbent Senator Heidi Heitkamp this election cycle is positioning herself far enough to the right where she’ll pick up the Republican and right-of-center votes any candidate