Latest Case: In re Interpretation Of South Dakota Constitution and State Laws Regarding Eligibility For CRF Grant Programs (Constitutional Law)

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In anticipation of a contested election outcome in November, Amherst College Associate Provost Professor Austin Sarat and attorney Daniel B. Edelman call upon Democratic governors to forward a slate of electors that reflects the preference of the greatest number of voters in their states, regardless of what their legislatures might do. Sarat and Edelman argue that the fate of American democracy may depend on these governors.

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In re Interpretation Of South Dakota Constitution and State Laws Regarding Eligibility For CRF Grant Programs

Citation: 2020 S.D. 58

Opinion Date: October 22, 2020

Judge: Per Curiam

Areas of Law: Constitutional Law

The Supreme Court issued an advisory opinion requested by the Governor of the State of South Dakota questioning whether the South Dakota Constitution or any state law prohibits a current state legislator from being eligible to receive funds from coronavirus relief fund (CRF) Grant Programs. The Supreme Court concluded that a solemn occasion existed and that it would answer the question posed. The Court then answered that S.D. Const. Art. III, 12 precludes a current state legislator from contracting directly or indirectly with the State to receive funds from CRF Grant Programs.