A lawsuit challenging a South Dakota abortion rights measure will play out after the election

An anti-abortion group’s lawsuit to invalidate an abortion rights measure appearing on South Dakota’s statewide ballot won’t be resolved until after the November election.

Media reports of an apparent disconnect between attorneys and the Second Judicial Circuit over scheduling of the trial — initially set for Sept. 23-27 — led the court to issue an advisory with a timeline of judge assignments in the case. A hearing on the Life Defense Fund’s motion for summary judgment is now set for Dec. 2, weeks after the Nov. 5 election.

The release describes how, over about two weeks, the case was reassigned from Judge John Pekas after he learned of his wife’s need for surgery. However, the case then was assigned back to him after another judge was removed from the case.

In a statement, Life Defense Fund spokesperson Caroline Woods said both parties were surprised the trial was not going to happen next week.

“After an immense amount of preparation, Life Defense Fund is deeply disappointed that we are not allowed to provide our evidence to the court,” she said.

Dakotans for Health co-founder Rick Weiland said, “I think for us the bottom line is that through this whole process and just trying to stop the voters of South Dakota from weighing in, and they’ve been unsuccessful every step of the way, and now their hope was to have a trial during the height of the election, and that’s not going to happen. … We’re going to have a vote, not a trial.”

Life Defense Fund alleged a mix of wrongdoing by petition circulators in its effort to kill the measure, which would place abortion rights in the state constitution.

South Dakota outlaws abortion as a felony crime, with the only exception to save the life of the mother, under a trigger ban that took effect in 2022 after the U.S. Supreme Court overturned Roe v. Wade.

South Dakota is one of nine states where voters will decide ballot measures enshrining abortion rights this fall. In all seven states where the issue has previously been on the ballot, voters have sided with abortion rights.

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Dura reported from Bismarck, North Dakota.