SHANTEL KREBS

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On December 8, 2016, Judge Barnett granted a temporary injunction against IM 22.  This means that IM 22 is no longer a valid or enforceable law.   This status may change because Judge Barnett is allowing briefs to be submitted as to why parts of the law should be valid, that is, the temporary injunction as to parts of the law should be lifted, or made to go away which if successful would make parts of IM 22 valid and enforceable law.  We do not know what parts are being briefed or how Judge Barnett will rule.   A second very real and possible path that could proceed at the same time is that the temporary injunction could be appealed to the South Dakota Supreme Court asking the court to overturn Judge Barnett’s decision.  The timing of such an appeal and most importantly when a decision would be issued is unknown.

So at the moment, IM 22 is no longer the law.