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Frye-Mueller Considering Futile Lawsuit Against Senators in State Court

Censured Senator Julie Frye-Mueller (R-30/Rapid City) just can’t let Boobgate go away. She withdrew her weak federal lawsuit against Senate President Pro-Tempore Lee Schoenbeck (R-5/Lake Kampeska) after the Senate let her back in the chamber. But now she’s recruiting constituents to back a lawsuit in state court alleging that Senators illegally prevented her from representing District 30 in the Senate.

The sample affidavit SDGOP spin blogger Pat Powers posts to short-circuit this legal sally cites the same statutes we discussed in my February 1 post on legal rememdies Frye-Mueller could pursue. SDCL 2-4-6 and SDCL 2-4-7 make it a crime to prevent legislators from doing their duties. Frye-Mueller claims that the 27 Senators who voted for her suspension on January 26 violated those laws.

Alas for Frye-Mueller and anyone who signs her affidavit, Frye-Mueller isn’t reading the rest of my February 1 blog post, in which I explain why exactly such a complaint won’t win. Per Article 3 Section 11 of the South Dakota Constitution, legislators cannot be arrested or convicted for casting votes.

Just more noise and bad legal thinking from the ineffective right-wing fringe of the South Dakota Republican Party….


  1. sx123 2023-02-21

    One sees this pattern all of the time where the people doing the goofy stuff try to turn the tables and make themselves look like a victim and drag a lot of other people into the mess that have better things to do with their lives.

  2. 96Tears 2023-02-21

    Note to Sen. Julie: Stop digging.

  3. sd4ever 2023-02-21

    She was in the grocery store Sunday evening going off about it to anyone who would listen. For someone who “wants to serve their constituents” I don’t really hear her talking about their issues.

  4. Mark Anderson 2023-02-21

    Watch what happens to the staffer. That’s the person who will need help from the whackaboobies.

  5. Eve Fisher 2023-02-21

    Yes, I worry about the staffer being doxxed.

  6. grudznick 2023-02-21

    Ms. Fisher, I am concerned as the next fellow about this staffer getting doxxed, or anti-vaxxed, or whatever, but what really concerns me is the husband still running free around the legislatures, nodding, grinning and leering.

    All you lady libbies aught be at least as concerned as I am about that fellow.

  7. DaveFN 2023-02-21

    Frye-Mueller must have help from her manager-husband to hatch this one. She’s not bright enough to come up with it herself, and as an engineer, her husband couldn’t help but not read Cory’s 1 Feb blog post closely enough.

  8. grudznick 2023-02-21

    Mr. DaveFN, if you watch the fellow a bit, he behaves like a…what do you call those fellows who wear purple suits with a feather jauntily displayed on a Newland-style hat?

  9. algebra 2023-02-21

    Grudznick, you mean a pimp?

  10. grudznick 2023-02-21

    Hmmmm, I think that’s a word close to what I was thinking. but not quite there.

    I don’t think Mr. Mueller literally pimps out, as bad as you can make it, the young and very pretty Ms. Frye-Mueller out for those sort of purposes, but I think he uses her in a fashion, flawed and failing, to try and bolster his own insaner-than-most agenda. She is just not smart enough to understand how she is being used, and there are many in the District Numbered 30 who are dumb enough to follow them instead of listening to Mr. H, and the Conservatives with Common Sense.

  11. grudznick 2023-02-21

    You all do realize that the Conservatives with Common Sense support Mr. H on a few (very few) items, where he is in lock-step with our agenda. On the other libbie and more insaner items like his direct democrat business, we will smite it.

  12. DaveFN 2023-02-22


    Not following you on your pimp imagery.

    Engineers are too rigid and alienated to be pimps in your sense of the word, for the most part. Nonetheless, they think they rule the world, and therefore presume to be the best managers qualified for high paying positions above others more qualified, and in particular think they are better than scientists insofar as they have attempted to appropriate and subsume science knowledge as part of their credentials. Fact is far the contrary: modern engineering curricula have greatly reduced curricular science requirements for an engineer degree, cutting out chemistry courses, in particular, leading to a total ignorance of fundamental molecular science among most of not every engineering graduate. Engineering faculty and departments are so egotistical as to think they can teach everything that is worth knowing within their own courses. A kind of incest to propagate their own superiority, to put it mildly, with no cross-fertilization that would counter the later and promote hybrid vigor. Not that any engineer could understand biology which discipline they’ve for the most part dismissed and excluded as being not required in their curricula.

    The last thing we need is a know-it-all engineer meddling in politics.

  13. DaveFN 2023-02-22

    PS grudznick Sanborn

    If the shoe should happen to fit, wear it.

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