A medical staff member performs a coronavirus test outside the Family HealthCare clinic in downtown Fargo, N.D., on Oct. 15. The state is seeing a surge in coronavirus cases. (Dan Koeck/Bloomberg News)

With cases surging to new highs and hospital capacity running low, North Dakota Gov. Doug Burgum teared up describing a state “caught in the middle of a covid storm.”

To weather it, he said at a news conference last week, people would need to keep their distance, wear masks and avoid gatherings. But the one thing North Dakota did not need were legal limits on reckless behavior.