CHALLENGE GRANT FUNDING

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November 3, 2021


Request: How should the institutions of the North Dakota University System interpret and comply with the requirement in enacted SB 2030 which prohibits the University System and its institutions from having certain ties to organizations that perform or promote the performance of abortions while receiving Challenge Grant Funds? Is SB 2030 preempted by prior legal decisions, or the United States Constitution?

Conclusion:   SB 2030 is not preempted by prior legal decisions which addressed questions regarding eligibility to receive Medicaid funding and this office generally will not opine as to the constitutionality of duly enacted statutes. The requirements of SB 2030 should be read to carry out the purpose of the Legislative Assembly to prevent state funds from flowing to organizations that perform or promote the performance of abortions, and NDUS officials should exercise “ordinary care and diligence” in ensuring compliance with those requirements when applying for Challenge Grant Funds.

Opinion 2021-L-02

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