In Re Request for Opinion of the Supreme Court Relative to Constitutionality of SDLC

I would respectfully decline to grant Governor Janklow’s request. His request belongs in the legislative arena and should not be answered by this Court. We, in the *828judicial branch, owe a constitutional duty not to simply accommodate the executive branch of government, but, rather, to check on it. Separate but equal. That is the watchword. We need not “accommodate” requests from the Governor’s office for legal opinions. This Court has historically spurned ex parte opinions where the rights of private parties (a) exist or (b) could later be involved.

QUESTION ONE

As concerns the first question,…