Let secession begin! Senator Jessica Castleberry (R-35/Rapid City) is pushing Senate Bill 129, which would nullify federal law, executive orders, court orders, taxes, and other directives of the United States of America in South Dakota.
Of course, Senator Castleberry and her 31 co-sponsoring Republican secessionists (Dennert, Perry, the Greenfields, Crabtree, Pischke, Tobin…) say they are only applying their nullification to federal mandates related to guns, so this little foray into Fort Sumterism is o.k., right?
SB 129 orders the Attorney General to sue the federal government over any measure enacted or imposed after January 1, 2021, that does anything faintly restrictive to guns, ammunition, ammo-reloading gear, or any related parts or accessories (holsters! glitter gun purses!), like taxes, levies, fees, and stamps; registration or tracking requirements; restrictions on owning, using, or selling guns; or mass confiscation. Upon the filing of such a suit, all public officials in South Dakota shall refuse to attempt to enforce those federal actions.
In other words, the Legislature, through the Attorney General, assumes the power of the federal judiciary to issue a blanket injunction against an entire set of federal laws, regulations, and orders, with no hearing or other due process.
Yeah, y’all better up the appropriation to the extraordinary litigation fund. Pass SB 129, and U.S. Attorney General (eventually) Merrick Garland and the first federal judge given contact with this nullification act will come down on us like a ton of Constitutional bricks.