BISMARCK, N.D. (April 22, 2021) – On Monday, the North Dakota House and Senate gave final approval to a bill that would create a mechanism to review certain presidential executive orders and end state cooperation with enforcement of those orders determined to violate rights under the U.S. Constitution. This process would set the stage to nullify some executive orders in effect in North Dakota.
A coalition of nine Republicans introduced House Bill 1164 (HB1164) on Jan. 8. The legislation would revise N.D. Cent. Code § 54-03-32 and require the state attorney general to review any presidential executive order not affirmed by a Congressional vote on the recommendation of the Legislative Management. Under the law, the state, its political subdivisions, and any publicly funded organization would be prohibited from implementing any executive order “if the attorney general issues an opinion that the executive order unconstitutionally restricts a person’s rights or has been found unconstitutional by a court of competent jurisdiction.