A U.S. Supreme Court ruling expanding state authority to prosecute some crimes on Native American land is fracturing decades of law built around the hard-fought principle that tribes have the right to govern themselves on their own territory, legal experts say.

The Wednesday ruling is a marked departure from federal Indian law and veers from the push to increase tribes’ ability to prosecute all crimes on reservations — regardless of who is involved. It also cast tribes as part of states, rather than the sovereign nations they are, infuriating many across Indian Country.

Continue reading “Experts: US Court fractures decades of Native American law” →

The 24/7 Sobriety program, pioneered by former South Dakota Attorney General Larry Long, requires offenders to submit to twice-a-day breathalyzer tests or remote monitoring as a condition of pre-trial bond or sentencing agreement. Failure to remain sober means the participant is sent to jail, a no-nonsense doctrine that has coincided with a decrease in DUI and other alcohol-related offenses, according to independent studies.

“That’s why it works,” Long said of 24/7 Sobriety, which is used in South Dakota, North Dakota and Montana and is in place in four other states as pilot programs. “These people know that if they show up and blow hot, they’re going to jail.”

Continue reading “South Dakota’s 24/7 Sobriety program could be rolled out nationwide” →

Although the US Supreme Court decision June 21 in United States v. Taylor wasn’t one of the court’s “blockbusters,” it nevertheless was an impactful case in the area of federal criminal law.

The court, in a 7-2 decision, held that attempted Hobbs Act robbery—essentially, the federal robbery statute—can no longer qualify as a “crime of violence” for purposes of certain mandatory minimum sentencing enhancements.

Continue reading “US Supreme Court Clarifies ‘Crimes of Violence’” →

United States Attorney Alison J. Ramsdell has announced a new senior management team to lead the District’s enforcement mission. “The mission of the United States Attorney’s Office for the District of South Dakota is today as it always has been—to impartially enforce and uphold the laws of the United States with the central goal of enhancing safety in our communities. That work will continue under the experienced leadership of our senior management team. Each of these individuals has dedicated their career to the pursuit of justice and bring to bear a tremendous amount of wisdom and integrity in support of the District’s mission.”

Continue reading “US Attorney for South Dakota Selects Leadership Team” →

The mayor of the state’s largest city says rapid growth requires strategic investments.

Mayor Paul TenHaken’s capital program proposal calls for highway and street funding to increase by nearly $50 million over the next five years. That’s a 20% increase over the previous capital plan.

The proposal also creates a “renewed emphasis” on kids and families. TenHaken says cultural and recreation investments support wellness and public safety.

Continue reading “Sioux Falls Mayor Paul TenHaken on ensuring everyone can have a ‘good life’ in the state’s largest city” →

Responsible alcohol consumption is safe and enjoyable, and nearly all alcohol users drink responsibly. At the same time, problematic alcohol use by a relatively small share of drinkers creates enormous social costs. A recent study found destructive alcohol use cost the U.S. nearly $250 billion in 2010 alone.

The most serious cost of problematic drinking is early death. Excessive alcohol use is blamed for around 95,000 deaths every year in the U.S., including around 10,000 from drunk driving. By contrast, around 93,000 people died of drug overdoses in 2020. Between 1999 and 2017, alcohol-related deaths in the United States more than doubled. Alcohol-related deaths cost Americans nearly 3 million years of potential life every year.

Continue reading “Problematic alcohol use is dangerous and costly. The SOBER Act will reduce crime and incarceration.” →

July 1 is the day that laws passed and signed from the previous legislative session go into effect. This year’s new statutes cover topics ranging from child support to graduation regalia and beyond.

Continue reading “New Laws Now in Effect in South Dakota” →

Hoping you have a safe and wonderful Independence Day holiday!

Although the Supreme Court issued the two most important opinions of the term last week, upending near 50-year-old precedent on abortion and expanding gun rights for the first time in a decade, this blockbuster term is not over.

Still to be decided are seven disputes, and new opinions will be announced Monday morning.

A look at what remains:

Continue reading “The remaining Supreme Court cases this term” →

South Dakota Gov. Kristi Noem on Sunday said her state will prosecute doctors who perform abortions and will work to restrict women’s access to abortion pills.

South Dakota is among 10 states with “trigger laws” that declared abortion a criminal offense immediately upon the US Supreme Court’s decision Friday to strike down the 1973 Roe v. Wade case that established a women’s right to have the procedure.

Continue reading “South Dakota will prosecute abortion docs and restrict access to pills: Gov. Noem” →