Davis v. Ssd Dept. of Ed.

[¶ 72.] The Court holds today that Plaintiffs have failed to establish beyond a reasonable doubt a constitutional violation of Article VIII of the South Dakota Constitution. I agree. The meaning of Article VIII and its history do not support the heightened legal interpretations advocated by Plaintiffs. Furthermore, Plaintiffs have not shown that the trial court’s findings of fact were clearly erroneous or conclusions of law were in error. Having failed on both the factual and legal claims, I would not reach the issue of causation. For these reasons, I concur in result.

THE LEGAL ISSUE

[¶ 73.]…