Tag: south dakota
Pro-Choice protest

Republicans Push Texas-Style Abortion Bans Across Country

Reprinted with permission from American Independent

Last week, the U. S. Supreme Court let stand a Texas law that is the most restrictive abortion law in the nation. With that green light, other states are lining up to pass similar laws, and at this time, there isn't much way to stop them.

Anti-choice legislators in four states — Arkansas, Florida, South Carolina, and South Dakota — have already stated they will follow Texas's lead. They're planning on introducing bills that will mirror both the restrictive nature of Texas's law — a ban on abortion at six weeks — and the unique enforcement mechanism, which allows any citizen to sue someone who aids or abets an abortion. Several other states, including Nebraska, Kentucky, Louisiana, Oklahoma, and Ohio, will likely be considering similar laws.

In Florida, Ron DeSantis, the anti-abortion GOP governor, said his state would "look more significantly" at the Texas law and that he found it "interesting." In South Carolina, Larry Grooms, a GOP state senator, said the state would "move to pass legislation that would mirror what Texas did."

Jason Rapert, a GOP state senator in Arkansas who is mounting a lieutenant governor bid in that state for 2022, immediately posted a model bill from his organization, the National Organization of Christian Lawmakers. Rapert has stated he will file a Texas-style bill in his state immediately.

Rapert's Twitter feed makes clear that some legislators pushing bills that functionally outlaw abortion no longer feel tethered to whether those bills are good law under existing Supreme Court precedent. Instead, Rapert tweets about how the left has an "unrelenting demand for the innocent sacrifices of unborn children" and repeatedly refers to abortion as a "demonic force."

One day after the Texas law took effect, GOP Gov. Kristi Noem of South Dakota tweeted her office would "immediately review the new TX law and current South Dakota laws to make sure we have the strongest pro-life laws on the books in SD."

Noem's tweet is emblematic of the approach being taken by many abortion-hostile states. There's no discussion of what the voters might want. There's no belief that the existing restrictive laws might be enough — even in a state like South Dakota with only one clinic that offers abortions only twice per month. Rather, there's a rush toward imitating the Texas law simply because it is the most restrictive that has yet succeeded.

The states that have announced their intentions to replicate the law so swiftly may be taken by the notion that since the Texas law offloads enforcement from the state to private citizens, it insulates the state from lawsuits. States likeSouth Carolina and Arkansas just saw courts block their highly restrictive abortion laws. However, if they took those laws and "piggybacked" the Texas enforcement scheme onto them, a court might have to let the law stand, given that the Supreme Court did so in Texas.

There exists a chance that the Texas law will be overturned once it is completely litigated, as what happened at the Supreme Court was only that the court refused to block the law from taking effect. Indeed, some anti-abortion groups have stated they will continue to focus on the Mississippi 15-week pre-viability ban that the Supreme Court is set to hear this term. However, all that really means is that anti-abortion activists have more than one opportunity to utterly undo Roe v. Wade.

Published with permission of The American Independent Foundation.

Sturgis motorcycle rally in 2018.

Virus Cases Spiked 500 Percent Since Sturgis Rally Promoted By Noem

Reprinted with permission from American Independent

The number of new coronavirus infections in South Dakota rose by nearly 500 percent after Republican Gov. Kristi Noem allowed the state's annual Sturgis motorcycle rally to take place.

Despite ongoing concerns about the virus, Noem actively encouraged attendance at the rally and appeared at a charity event held there.

South Dakota reported 3,819 new virus cases in the past two weeks, up from 644 cases in the previous 14 days. The Sturgis bike rally took place from August 6 to 15.

The rally and the subsequent rise in virus transmission numbers mirrors what happened in the state in 2020. A report from the Centers for Disease Control and Prevention found that people attending the 2020 rally had spread the virus, including to people in other states.

Medical experts expressed concern ahead of the 2021 event, which was held even though the vaccination rate in the area is only 44 percent for people age 12 and older.

On August 8, Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, told NBC's Meet the Press that he was "very concerned" that a COVID surge would be associated with the rally. Organizers did not mandate masks or vaccines for attendees.

A few days later, appearing on Fox News, Noem lashed out at Fauci and the Biden administration.

"It's shocking to me that he continues to pick on Republican governors, people who love their freedoms, and he ignores what's happening at the border," Noem said of Fauci. She also said Fauci "has discredited his entire profession by the positions he has taken during this pandemic."

Since Noem's statement, South Dakota has had the largest percentage increase in virus cases in the United States.

Dr. Shankar Kurra, vice president of medical affairs at Monument Health in Rapid City, South Dakota, told the Daily Beast, "It happened last year. It was just playing a reboot of last year pretty much."

Published with permission of The American Independent Foundation.

South Dakota Gov. Kristi Noem

Judge Shoots Down Gov. Noem Over Mt. Rushmore Fireworks

Reprinted with permission from American Independent

A federal judge has rejected South Dakota GOP Gov. Kristi Noem's attempt to circumvent safety rules and hold a massive Independence Day fireworks show at Mount Rushmore. He said her request amounted to asking for "judicial activism."

"This country could use a good celebration of its foundational principles of democracy, liberty, and equal protection of law," wroteRoberto Lange, the chief judge for the U.S. District Court for the District of South Dakota.

But, he wrote on Wednesday, it would "be improper judicial activism for this Court to disregard settled law" for him to force the U.S. Parks Service to grant a permit for a July 4, 2021, show, as Noem demanded.

Noem blasted the ruling, again asserting that "The Biden Administration cancelled [sic] South Dakota's Mount Rushmore Fireworks Celebration on completely arbitrary grounds," and writing, "I am disappointed that the court gave cover to this unlawful action with today's decision." She vowed to appeal, in hopes of having fireworks next year.

The Park Service, part of the Department of the Interior, said in March that it would not grant a fireworks permit this year for South Dakota Department of Tourism for the Mount Rushmore National Memorial.

"Potential risks to the park itself and to the health and safety of employees and visitors associated with the fireworks demonstration continue to be a concern and are still being evaluated as a result of the 2020 event," it explained. "In addition, the park's many tribal partners expressly oppose fireworks at the Memorial."

Fireworks had been banned at the national park between 2009 and 2019, due to objections from Native American tribes (on whose sacred lands the monument was built) and concerns about wildfires. In 2020, Donald Trump and his administration ignored those — and coronavirus safety measures — to hold a massive Independence Day fireworks show and political speech at the site.

Noem sued Interior Secretary Deb Haaland in April, demanding a permit and falsely claiming that it was a purely arbitrary decision not to give her one.

"There was no reason given as to why we can't host the fireworks events. It wasn't based on environmental issues, it wasn't based on staffing issues or fire danger issues, it was just because they didn't want us to have it," she told reporters on May 3.

Just weeks before, Noem had declared "dangerous fire conditions" in the state.

Since becoming governor in January 2019, Noem has earned a national reputation for aggressively ignoring public health and safety.

She was one of the only governors who refused to issue any stay-at-home order as the COVID-19 pandemic hit her state in early 2020. As the situation worsened, she was also one of just a handful of governors who refusedto issue any mask requirements. More than 120,000 of her constituents tested positive — nearly 15 percent of the state's population.

In November, she railed against "absolutely false" claims by "some in the media" that her state had the highest number of new coronavirus cases per capita. At the time, her state had the second-highest number of new coronavirus cases per capita.

Published with permission of The American Independent Foundation.