A lawsuit to invalidate an abortion rights measure in South Dakota will not conclude until after the November election.
The trial, which was supposed to start this week, was never officially scheduled.
The case was reassigned from the presiding judge, John Pekas, after he learned his wife needed surgery. It was then assigned back to him after plaintiffs moved to reassign the case from the new judge.
During that time, the original judge’s schedule filled up.
“After immense amount of preparation at Life Defense Fund, we’re all here deeply disappointed that we’re not allowed to provide our evidence to the court," said Caroline Woods is a spokesperson for Life Defense Fund.
The group is arguing petition circulators with Dakotans For Health violated a 2018 law, despite it being listed as repealed. Later 2019 amendments to the got tossed out in federal courts.
A motions hearing for summary judgement on that question is set for the morning of Dec. 2.
Nancy Turbak is chair of a coalition to pass the ballot measure. She says it’s good the trial will happen after the election.
“So that the noise of this unnecessary litigation won’t be distracting the voters when their attention really ought to be on the ballot measure itself," Turbak said.
This is the third time South Dakotans have voted on abortion in 20 years. Voters rejected near total abortion bans in 2006 and 2008.
The abortion amendment to the state constitution sets up a framework that restricts abortion as a pregnancy progresses. Supporters say it will reinstate Roe V. Wade protections. Opponents say it is too extreme, allowing abortion up to birth.
