PIERRE, S.D. (KELO) — The circuit judge must further consider whether a proposed constitutional amendment on abortion rights should be on the general election ballot this fall, according to the South Dakota Supreme Court.
The state’s high court on Friday overruled the July 15 decision by Circuit Judge John Pekas to dismiss the case and ordered that the matter be returned to his court for further consideration.
The high court’s action means Life Defense Fund, co-chaired by Leslee Unruh of Sioux Falls and Republican Rep. Jon Hansen of Dell Rapids, can continue its fight to keep the measure off the ballot.
Writing for the Supreme Court, Chief Justice Steven Jensen said in a two-page order that the justices concluded Judge Pekas erred, when he based his dismissal on his determination that Life Defense Fund should have brought the case as a quo warranto action challenging Secretary of State Monae Johnson’s authority.
Life Defense Fund sued the measure’s sponsor, Dakotans for Health, but didn’t name Secretary Johnson as a defendant. The case must be decided no later than August 13, because Secretary Johnson must notify county auditors on August 14 of the various measures that will be on the statewide ballot for voters to decide.
The Supreme Court denied Life Defense Fund’s request that a different judge be assigned to the case and also denied Life Defense Fund’s request that the circuit court be directed to expedite consideration of the case. Wrote Chief Justice Jensen, “This exceptional level of supervision over a circuit court’s calendar is not supported by the current state of the record.”
The chief justice also stated in the two-page order that the Supreme Court “has not decided and expresses no opinion on any other issues raised by the parties, including whether the Secretary of State is an indispensable party to this action. Any such issue can be resolved, in the first instance, by the circuit court on remand.”
