A trial over the ballot initiative to put abortion rights into the state constitution will not start in the beginning of next week.
A tentative trial date was set for this coming Monday. Minnehaha County court officials, where the case is filed, said dates were never coordinated with the court administrator.
On Tuesday, parties in the case and court officials were emailing about how much time was needed for a trial.
"If you give me an idea, I can offer the next available options on the Judge's calendar," wrote Minnehaha County Deputy Court Clerk Bryce Kummer.
"My understanding is that Judge Pekas already scheduled this case for trial starting Monday, September 23 through 27 for LDF's [Life Defense Fund] five days of evidence," responded Dakotan's For Health attorney Jim Leach.
"I am not aware of any trial being scheduled in this case and can tell you that his calendar is full of other cases and Court Trials during those dates," responded Kummer.
Life Defense Fund lawyers are pointing to a signed scheduling order dated August 9 that says the trial will be held "at the Court's convenience during the week of September 23 to 27."
“We expected the trial to be held next week in accordance with the court’s scheduling order," said Leslee Unruh, co-chair of Life Defense Fund—the group bringing the lawsuit. "We are waiting for further direction on how the court will proceed with our trial in recent light of the court’s scheduling conflicts.”
Officials said Judge John Pekas’ schedule is full for Monday. Plaintiffs are asking for five days for the trial. Defendants are asking for three days in court.
A new date has not yet been set. Sources tell SDPB the earliest the case will get heard is Nov. 25. Election day is Nov. 5.
The case centers around allegations the petitions gathered by Dakotans For Health are invalid because circulators failed to follow a 2018 law. Federal courts tossed out that law in 2019. However, those bringing the case say the 2018 law is still applicable.
Backers of the abortion initiative say they were following the law that was available. The 2018 law is listed as repealed in state codified law.
Despite the trial, the abortion rights measure, or Constitutional Amendment G, will be on the November ballot. Early voting starts this Friday.
