South Dakota’s Republican-controlled House is introducing legislation that would allow the state to nullify President Biden’s executive orders if it determines they are unconstitutional.
“The Executive Board of the Legislative Research Council may review any executive order issued by the President of the United States if the order has not been affirmed by a vote of the Congress of the United States and signed into law, as prescribed by the Constitution of the United States,” the bill’s text reads. . . .
Notwithstanding any other law, no state agency, political subdivision, or any elected or appointed official or employee of this state or of a political subdivision may implement an executive order that restricts a person’s rights or that is determined by the attorney general to be unconstitutional under this section if the order relates to:
(1) A pandemic or other public health emergency;
(2) The regulation of natural resources;
(3) The regulation of the agricultural industry;
(4) The regulation of land use;
(5) The regulation of the financial sector through the imposition of environmental, social, or governance standards; or
(6) The regulation of the constitutional right to keep and bear arms.