Legal Opinion · Dissent

Argus Leader Media v. Hogstad

South Dakota Supreme Court

Decided September 20, 2017No. 27903Published

1DissentZinter, Justice

[¶19.], The Court’s interpretation of a statute today requires the removal of a comma and the addition of words to the text. The Court states that it is guided by the purpose of a general act rather than the statutory language we must interpret. Using an act’s general purpose to change text is a breathtaking proposition. It-should be so because, as this case demonstrates, the Court’s interpretation makes other statutory language meaningless; it is based' on a “guiding purpose” that is necessarily contrary to the purpose of the language that is being construed; and it eschews well-accepted"…

2Cases cited8 opinions

  1. Joseph Jaskolski and National Insurance Crime Bureau v. Rick DanielsCourt of Appeals for the Seventh Circuit · 2005
  2. Pitt-Hart v. Sanford USD Medical CenterSouth Dakota Supreme Court · 2016
  3. In Re the Expungement of Records Related to OliverSouth Dakota Supreme Court · 2012
  4. Hayes v. Rosenbaum Signs & Outdoor Advertising, Inc.South Dakota Supreme Court · 2014
  5. Kaberna v. School Board of Lead-Deadwood School District 40-1South Dakota Supreme Court · 1989

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