An anti-abortion group’s legal challenge to invalidate an abortion rights measure on South Dakota’s ballot will not be resolved until after the upcoming November election. Reports indicated a confusion between lawyers and the Second Judicial Circuit regarding the trial schedule, which was initially planned for September 23-27. Following this, the court issued an advisory outlining a new timeline for judge assignments in the case, with a hearing on the Life Defense Fund’s request for summary judgment now scheduled for December 2, which is after the election on November 5.

After a series of reassignments due to personal reasons, the case ultimately returned to Judge John Pekas. A spokesperson for the Life Defense Fund, Caroline Woods, expressed disappointment that despite extensive preparation, they would not be presenting their evidence in court as expected. On the other side, Dakotans for Health co-founder Rick Weiland stated that attempts to prevent South Dakota voters from voicing their opinions have been unsuccessful, with the focus now shifting towards the upcoming vote rather than a trial.

The Life Defense Fund claims various irregularities by petition circulators in their campaign against the measure seeking to include abortion rights in South Dakota’s constitution. Currently, South Dakota prohibits abortion as a felony, with an exception only in cases where the mother’s life is at risk, following a trigger ban put in place in 2022 after Roe v. Wade was overturned by the U.S. Supreme Court.

South Dakota is among nine states where voters will have the opportunity to decide on ballot measures related to abortion rights this fall. To date, voters in seven states that have previously voted on similar issues have favored abortion rights.