The trial date for a lawsuit against South Dakota’s abortion-rights ballot measure was not added to a court calendar, despite a signed order from a judge saying the trial would begin next week.
That leaves the date of the trial in limbo even as early and absentee voting will begin Friday.
Judge John Pekas signed a scheduling order on Aug. 9 saying the trial would take place during the week of Sept. 23 in Sioux Falls.
This week, Pekas emailed the parties in the case and said, without further explanation, “this matter must be scheduled through court administration” and “my schedule is filling up quickly.”
Minnehaha County Deputy Court Clerk Bryce Kummer was among the email recipients. He replied by asking how much time is needed for the trial and said if the parties could give him an idea, he could offer the next available options on the judge’s calendar.
Jim Leach, the lawyer for the abortion-rights side, responded with confusion, saying it was his understanding the trial would start Monday, Sept. 23. “Am I mistaken?” he wrote.