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STATE BD. OF HIGHER EDUC. v. JAEGER

No. 20120112.

815 N.W.2d 215 (2012)

2012 ND 64

NORTH DAKOTA STATE BOARD OF HIGHER EDUCATION, Petitioner v. Al JAEGER, Secretary of State, in his official capacity, Fighting Sioux Ballot Measures aka Committee For Understanding and Respect, Respondents and North Dakota Legislative Assembly, Intervenor.

Supreme Court of North Dakota.

April 3, 2012.

Attorney(s) appearing for the Case

Douglas Alan Bahr , Solicitor General, Office of Attorney General, Bismarck, N.D., for petitioner.

Sarah Andrews Herman (argued), Special Assistant Attorney General, Matthew Allen Kipp (on brief), Special Assistant Attorney General, Fargo, N.D., for respondent Al Jaeger.

Reed Alan Soderstrom (argued), Minot, N.D., and Stephen John Behm (appeared), Eskens, Gibson & Behm, Chtd., Mankato, MN, for respondent Fighting Sioux Ballot Measures aka Committee For Understanding and Respect.

Patrick W. Durick (argued) and Zachary Evan Pelham (appeared), Bismarck, N.D., for intervenor.

VANDE WALLE, Chief Justice.

[¶ 1] The Justices signing this majority opinion would exercise this Court's discretionary original jurisdiction and decide now the constitutionality of the legislative enactment requiring the University of North Dakota ("UND") to use the "Fighting Sioux" nickname and logo. We conclude the question of the constitutional authority of the Board of Higher Education, in contrast to the constitutional authority of the legislature, is properly...

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