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Abortion rights supporters in South Dakota blast state's video of abortion laws

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Abortion rights supporters in South Dakota blast state's video of abortion laws


A newly released, state-produced video intended to help doctors comply with South Dakota’s strict abortion law isn’t specific enough to ensure health care professionals don’t violate the regulations and open themselves up for prosecution, a group of abortion rights supporters said Friday.

But supporters of the video, which was mandated by the Legislature and funded by taxpayers, said the roughly six-minute video posted Wednesday to YouTube is exactly what lawmakers demanded and gives clear guidance to physicians.

South Dakota outlaws abortion as a felony crime except to save the life of the mother. But a ballot measure seeks to add abortion rights to the state constitution — one of nine states that will vote on similar measures in November. The abortion rights side has prevailed in all seven states with abortion-related ballot measures since the fall of Roe v. Wade in 2022.

“I think it would be foolhardy for a doctor to use this video as a guide to navigating the waters of our medical landscape after the abortion ban,” said Dr. Marvin Buehner, a recently retired, longtime OB/GYN. He said the video offers no guidelines or clarity and doesn’t help physicians practice medicine in South Dakota.

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In the video, Department of Health Secretary Melissa Magstadt talks about the law and a “non-exhaustive list of conditions that could necessitate ending a pregnancy pre-viability.”

“The key for a physician to ensure they are practicing within the bounds of the law is to document their decision-making process and how that led to their recommended course of treatment,” she said.

The video includes a disclaimer saying the video is not legal advice, any legal questions should be referred to an attorney, and the video and its content are not legally binding.

Supporters of the South Dakota measure say the video is political cover for anti-abortion opponents to the ballot measure. They also said the video lists exceptions and words not in the law. The secretary’s video statements are meaningless, they said, because she has no legal authority, and due to the disclaimer.

“How can doctors rely on this if they’re prosecuted for doing something that the video suggests they can do, and they can’t use the video in their defense? It’s absolutely a joke,” said Nancy Turbak Berry, a lawyer and Democratic former lawmaker supporting the measure. She and Buehner held a news conference Friday about the video.

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She said she senses the state is embarrassed or concerned about the abortion law’s effects because the secretary’s statements, “apparently trying to smooth off some of the rough edges of our extreme abortion ban,” suggest things no prosecutor would agree are legal.

The video notes that its collaborators included the health department, the state attorney general’s office, the American Association of Pro-Life OB/GYNs and several OB/GYNs practicing in South Dakota.

Republican state Rep. Taylor Rehfeldt, the bill’s prime sponsor, said she believes the video provides clear guidance for health care providers. She called the legal disclaimer “a standard component.”

“The purpose of the video is not to serve as legal advice but to ensure that providers have a clear, step-by-step process for making medical decisions in these critical situations,” she said via text message.

The South Dakota ACLU opposed her bill. The video is from a “do-nothing law” that won’t help anyone or even require anyone to view it, South Dakota ACLU Advocacy Manager Samantha Chapman said.

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“It just exists on a website, and that’s the end of the story. Unfortunately, that’s not the end of the story for people who are trying to survive through South Dakota’s draconian abortion ban,” she said.

Abortion laws in other states have been criticized as being unclear. Earlier this year, the Texas Supreme Court upheld the state’s abortion law and ruled against opponents who said the law is too vague about its medical exceptions.

In North Dakota, the former sole abortion clinic in the state and several doctors who are challenging the state’s abortion ban say the law is unconstitutionally vague as to its exceptions.

___

Dura reported from Bismarck, North Dakota.

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Tornado watch in effect as severe storms target South Dakota

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Tornado watch in effect as severe storms target South Dakota


A tornado watch has been issued for much of central and eastern South Dakota as forecasters warn conditions are favorable for tornadoes, large hail and damaging winds Wednesday evening.

The National Weather Service’s Storm Prediction Center issued the watch at 4:05 p.m. CDT, and it will remain in effect until 11 p.m. It includes dozens of counties across central and eastern South Dakota, as well as parts of southeastern North Dakota and western Minnesota.

Forecasters expect thunderstorms to develop along and ahead of a cold front moving southeast across the Dakotas. The strongest storms could become supercells capable of producing all severe weather hazards.

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The severe weather threat is expected to continue Thursday, when another round of strong to severe thunderstorms could develop across parts of South Dakota. Large hail, damaging winds and tornadoes will again be possible.

What are expected impacts of South Dakota storms?

Storms that remain isolated could produce tornadoes and very large hail before merging into a line of thunderstorms later in the evening, according to the Storm Prediction Center. Once storms organize into a line, damaging winds are expected to become the main threat, although brief tornadoes and hail will remain possible.

The National Weather Service office in Sioux Falls said portions of southeastern South Dakota face a Level 2 out of 5 risk for severe weather Wednesday evening. Atmospheric conditions include high instability, increasing wind shear and abundant moisture, creating an environment supportive of severe thunderstorms.

In addition to severe weather, some areas could receive heavy rainfall. Most locations are expected to receive between a quarter-inch and three-quarters of an inch of rain, although isolated areas could see more than an inch. Widespread flooding is not expected, but localized flooding could occur in areas that recently received heavy rainfall.

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Where will storms hit in South Dakota?

Storms are expected to develop in central South Dakota between late afternoon and early evening before moving east through the night. Forecasters expect the strongest storms to reach the Interstate 29 corridor between about 10 p.m. and midnight.

Radar: Severe weather in South Dakota

South Dakota weather watches and warnings

Stay informed. Get weather alerts via text

Brandi D. Addison covers weather across the United States as the Weather Connect Reporter for the USA TODAY Network. She can be reached at baddison@gannett.com.



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South Dakota primary results leave Legislature seats in limbo

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South Dakota primary results leave Legislature seats in limbo


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  • Ten Republicans who lost their seats in the Legislature in 2024 are trying to win them back this year.
  • Incumbents and lawmakers who gave up House seats to run for Senate fell to challengers in several places.
  • Votes are still being tallied across the state.

The makeup of the Legislature was up in the air as of 1 a.m. after South Dakota’s primary election. 

Ten Republican state lawmakers ousted in 2024 are angling to get their seats back in 2026. Results were mixed for the nine who had primaries on Tuesday, with results still coming in for several races and others set for possible recounts.

Shawn Bordeaux of Rosebud won the state’s only Democratic primary, beating Troy “Luke” Lunderman for a chance to return to the state Senate.

Bordeaux will face Chamberlain Republican Rebecca Reimer in November’s general election. Reimer, who was term-limited in the state House of Representatives, beat Lower Brule Sen. Tamara Grove in Tuesday’s primary.

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In Watertown’s District 5, Rep. Josephine Garcia fell in a state Senate primary to incumbent Sen. Glen Vilhauer. Garcia beat Byron Callies in the 2024 primary to earn her seat in the House of Representatives, but opted to challenge Vilhauer for his Senate seat instead of seeking reelection to the House. 

Callies, Vilhauer and Garcia are all from Watertown.

Vilhauer won with 59% of the vote. His was one of the first state legislative victories of the night reported on the Secretary of State’s website.

Vilhauer won handily, but he said he wasn’t necessarily expecting to as polls opened on Tuesday.

“I knew it was going to be a battle going in,” Vilhauer said. “She worked hard on her side, and I didn’t know what to expect.”

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Callies was among the first to call Vilhauer to congratulate him, around 9:30 p.m.

“I’m happy, because Glen’s a solid legislator,” said Callies, who’s angling to win his seat back in the general election.

Garcia did not return a call seeking comment.

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In District 21, Sen. Mykala Voita of Bonesteel beat former Sen. Erin Tobin of Winner in a rematch of their 2024 contest, which Voita won by a few dozen votes that year. This time around, Voita bested Tobin by 1,002 votes. 

In response to a request for comment, Voita sent a text reading “Glory to God!”

Tobin did not return a call from South Dakota Searchlight about her race after it was called, but said earlier in the evening she would be “at peace” with the results regardless of what they might be.

Another rematch saw Yanktonites Lauren Nelson and Jean Hunhoff battling for District 18’s state Senate seat. Nelson was a newcomer in 2024 when she beat Hunhoff, who’d spent decades in the Capitol between stints in the House and Senate. On Tuesday, Nelson held off Hunhoff, winning by 243 votes.

Other notable races

  • District 4 Rep. Dylan Jordan of Clear Lake, first elected in 2024, finished fourth in a five-way race. As of 1 a.m. Wednesday, he trailed Ryan Kohl of Milbank and former Rep. Fred Deutsch of Florence, in first and second place, respectively. A recount is possible in that race, with 59 votes separating the top two vote-getters while Rep. Kent Roe, of Hayti, came in third place, with 72 fewer votes than Deutsch.
  • District 4 has two possible recounts. In the other, Bryant’s Stephanie Sauder beat Clear Lake’s Tim Begalka by 105 votes in the unofficial tally from the Secretary of State.
  • District 1 Rep. Logan Manhart of Aberdeen, elected in the 2024 primary, fell to Rep. Nick Fosness, a hospital administrator appointed by Gov. Larry Rhoden in 2025, and newcomer Daniel Kjos.
  • Another recount was possible as of Wednesday at 1 a.m., in the District 16 race for House of Representatives. Rep. John Shubeck of Beresford trailed Lisa Bogue of Beresford by 245 votes in unofficial results. Jason VanDenTop of Canton was in third place, trailing Shubeck by 68 votes.

Vote totals incomplete

  • Sen. John Carley of Piedmont, who won his first term in 2024, trailed William Meirose of Sturgis by 166 votes as of 1 a.m. Wednesday.
  • Former Rep. Tyler Tordsen led Rep. Tony Kayser by two votes in the District 14 primary, with results still coming in. The Sioux Falls men are vying for second place and a spot on the November general election ballot alongside Rep. Taylor Rehfeldt of Sioux Falls, who led by more than 600 votes early Wednesday.
  • District 28 Sen. Sam Marty of Prairie City was in a close race with former legislator Ryan Maher of Isabel.
  • Former Rep. Gary Cammack of Union Center, who lost his seat in 2024, and Gary Deering of Hereford, led Reps. Terri Jorgenson of Piedmont and Kathy Rice of Blackhawk in the District 29 race.
  • In District 30, Hot Springs Sen. Amber Hulse led former Sen. Julie Frye-Mueller of Rapid City by more than 1,300 votes.
  • Former Sen. David Johnson of Rapid City led Sen. Curt Voight of Rapid City in a rematch of their 2024 race for District 33 Senate in early results.
  • Rep. Heather Baxter of Rapid City has signaled her intention to challenge sitting Secretary of State Monae Johnson for the Republican nomination to that constitutional office at the state’s Republican Party convention this summer. In early results, Baxter trailed former Rapid City Rep. Becky Drury and Rep. Mike Derby in the District 34 primary.
  • Early results in the District 35 primary put Sen. Greg Blanc, elected in 2024, in a close race with fellow Rapid City resident Nicole Mitzel.

South Dakota Searchlight is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.



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Republican businessman Toby Doeden advances to primary runoff in South Dakota governor’s race

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Republican businessman Toby Doeden advances to primary runoff in South Dakota governor’s race


Republican businessman Toby Doeden has advanced to a runoff in South Dakota governor’s race, NBC News projects.

Gov. Larry Rhoden, who replaced Kristi Noem last year when President Donald Trump nominated her to lead the Department of Homeland Security, was battling with Rep. Dusty Johnson and former state House Speaker Jon Hansen for a second spot in the July 28 runoff. The primary will go to a runoff because no candidate eclipsed 35% of the vote.

Trump did not issue an endorsement in the race. Doeden branded himself on his campaign website as “a total political outsider who’s tired of the government’s failure to deliver on its promises” and one of Trump’s “fiercest supporters.”

Rhoden, a former lieutenant governor, agriculture secretary and lawmaker, campaigned on property tax cuts and lowering crime in his bid for a four-year term.

Syndication: Argus Leader
Candidate signs outside a polling location in Sioux Falls, S.D., on Tuesday.Samantha Laurey / Argus Leader

Johnson is the state’s lone representative in the House, where he previously was chair of the Republican Main Street Caucus. Hansen, who was elected to the South Dakota House in 2010, held several leadership positions before he became speaker.

The Republican nominee will be the favorite to win the general election in the solidly red state this fall. A Democrat has not served as governor in South Dakota since the 1970s, and Trump carried the state by 29 points in 2024.



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