These Disunited States, Con't

South Dakota wants to opt out of federal control and nullify President Biden's executive orders, banking on the Roberts Court to somehow overturn 150 years of precedent over the Supremacy Clause.

A bill introduced into the South Dakota House of Representatives seeks to give the state’s attorney general the authority to review executive orders issued by the president of the United States.

Introduced by new member Rep. Aaron Aylward of Harrisburg, HB 1194 outlines a process of review for any presidential orders that have not been approved and signed into law by the U.S. Congress.

This process begins with a review by the Executive Council of the Legislative Research Board, followed by a referral from the Council to the attorney general and the governor. Once the referral has been made, the attorney general may examine the order to determine whether the state can seek an exemption or declare it unconstitutional.

The bill takes a broad view, stating that no executive order may be implemented “that restricts a person’s rights.”

The proposed bill would also allow the attorney general to block implementation of any order deemed unconstitutional if the order refers to:

• A pandemic or other public health emergency
• The regulation of natural resources
• The regulation of the agricultural industry
• The regulation of land use
• The regulation of the financial sector through the imposition of environmental, social, or governance standards
• The regulation of the constitutional right to keep and bear arms

So we're not even pretending anymore, South Dakota Republicans are going to make the Biden administration challenge this in court and argue that he can't make them do anything by executive order.

It's weird how we only have these nullification problems with Democratic presidents.