AG Ballot Opinion says that Referred Law 6 could be challenged in Court

The Rapid City Journal is reporting tonight that the Attorney General's ballot explanation for referred law 6, otherwise known as HB 1215, makes note that even if the measure passes, it could be challened in court and found unconstitutional:
Attorney General Larry Long's official explanation of an abortion measure that will appear on this fall's ballot says that if South Dakota voters approve the measure, it could be challenged in court and might be found to be unconstitutional. Long on Monday gave Secretary of State Chris Nelson his official explanations of all proposed constitutional amendments, proposed laws and referred measures that will appear on the November ballot. The explanations, not the full texts of the measures, will be printed on ballots to guide voters.

The Legislature this year passed a law that would ban nearly all abortions in South Dakota. It was intended to prompt a court challenge aimed at getting the U.S. Supreme Court to overturn its 1973 Roe v. Wade decision that legalized abortion.

Opponents of the measure referred the abortion ban to a statewide public vote in November. Long's explanation notes that if voters approve the measure, opponents of the law still could challenge it in court
Read it all here.


Anonymous said…
I don't think it's his job to say what may be unconstitutional, or what could be challenged in court. Couldn't you say that about any law? It seems he is biasing the readers to just get rid of it now, rather than go through more rigamaroll.
lexrex said…
anybody know if the attorney general ever stated such an opinion for other ballot initiatives?

regardless, i think it provides an unfair bias.

i wonder if he'd rewrite it if justice stevens retired this summer.
Anonymous said…
There is all that money set aside already to fight any court battle. I think Leslee and Allen and Lee and Brock and Jerry and no, wait...none of them have put any money into that fund yet. Hum.

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