2021 S.D. Legislature: Legislator asks Governor to consider special session

Two of the main issues in the news over the past many days have been the Afghanistan debacle and vaccine mandates. The exit from Afghanistan and specifically the chaos focused on Kabul was inexcusable. The date on the calendar should never have dictated our strategy. The loss of life, the loss of a strategic command center, the forfeiture of hundreds of billions of dollars of military equipment and cutting-edge technology, and most of all, the abandonment of U.S. citizens, missionaries, Afghan translators and U.S. sympathizers was an act of Executive and military insanity at best and treason at worst.  

Sadly, one of the few things we can do is to express our condolences to those who have lost loved ones or suffered loss due to the actions in Afghanistan and throughout our military operations. We can also pray that the Lord will continue to use these events to shape our nation and our lives.

Other than the devastating results of Afghanistan, vaccine mandates and employer conflict have dominated the news. Last Friday, I sent a letter to the Governor asking that she either call a Special Session of the Legislature to address the employment issues associated with COVID-19 vaccination OR that she issue an Executive Order in regard to the matter.  

The following is my letter to the Governor:

Given the ongoing move to mandate vaccines, whether by individual employers or by Government mandates, I am asking that you call a Special Session of the Legislature to reflect the ‘will of the people’ in regard to this very important issue. I truly do not know what direction such Legislative action would take, but it would at least provide an opportunity to receive testimony and consider legislation that would immediately give a voice to our citizens. As you recall, in South Dakota, “Under God the people rule.”

Your other option to address this potential crisis in our public health, our workforce and our economy is to issue Executive Orders. I have attached suggested Executive Orders for your consideration. Your Executive Orders from 2020 set the precedent for mandating various actions for individuals and employers, so current Orders will not be inconsistent with your previous actions. 

I understand that you presently intend to bring some type of legal action against the President based upon his Executive Order, but we both know that will only result in protracted litigation, plus it will likely end up being another case in which ‘standing’ and other procedural matters will be at issue.

In the last couple of weeks, you disparaged Representatives Jon Hansen and Scott Odenbach for crafting proposed legislation and asserted that they were simply “chasing headlines.” You know both of those gentlemen and you should know that they are serious minded law-trained legislators. I know they are open to having a full and fair hearing on any legislation that could potentially address this issue and that they will work to create a final product that is effective and reflects the will of the people.

Please recognize the need for immediate attention to this rapidly developing problem. Thank you.

I gave the Governor several suggestions for Executive Orders. Unfortunately, the response to this entire pandemic has suffered both federal and state governmental intervention, which lacked reliable factual scientific data.  

Last year, contrary to the claims of the Governor, she did issue her own Orders REQUIRING businesses and individuals to comply with CDC guidelines, distancing, remain-at-home orders, etc. (Please see the Secretary of State website / Executive Orders for 2020 and 2021 at https://sdsos.gov/general-information/executive-actions/executive-orders...) That is why South Dakota businesses and individuals were restricted like all other states. And, unfortunately, that is why it would now be appropriate for the Legislature to weigh in, represent our constituents, and, potentially, establish a standard for individuals and businesses to apply.  

“We (from a government standpoint) got ourselves into this mess and now we need to get ourselves out.” A Special Session would at least give us an opportunity to hear all views and find common ground and possible accommodations for those with deeply held convictions.   

Please feel free to contact me with questions or comments or go to www.sdlegislature.gov to see what else is happening in state government.