Bone Shirt v. Hazeltine

[¶ 23.] Five years ago, we held that the Legislature could not, on its own initiative, reapportion legislative districts other than at the times permitted by the South Dakota Constitution. Emery v. Hunt, 2000 SD 97, 615 N.W.2d 590. Like the case before us today, Emery answered a certified question put to us by the federal district court. We ruled that in enacting its 1996 redistricting plan “the Legislature acted beyond its constitutional limits.” Id. at ¶ 18, 615 N.W.2d at 597. We voided the 1996 plan, thus reinstating the preexisting 1991 plan.

[¶ 24.] Despite the decennial redistricting…