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Give Kristi a Chance
Gov. Kristi Noem has been taking a lot of flak from the conservative punditry over her “veto” of South Dakota HB 1217 intended to protect girls’ and women’s sports from transgender athletes. I use veto in quotes because there are technical and procedural rules in South Dakota that either made Gov. Noem’s rejected “form and content” revisions a veto or the legislature’s inaction on them a veto. Be that as it may, South Dakota currently has no statute in place. I say currently because Gov. Noem has announced she will call a special session of the Legislature to resolve this. In the meantime the Governor has issued two executive orders to fill the gap:
Executive Order 2021-05 provides that only biological girls can compete in female sporting events sanctioned by the South Dakota public schools and associations for K-12.
Executive Order 2021-06 provides that “only females, as based on their biological sex, as reflected on their birth certificate issued at the time of their birth, should participate in any girls’ or women’s athletic event sanctioned by an institution of higher education under the control of the Board of Regents.” [emphasis added]
Thanks to a tip from @randywivoda I have listened to Gov. Noem’s 13-minute interview with Glenn Beck. In the interview, the Governor was allowed to elaborate on her concerns and strategy regarding HB 1217. If you want to have an informed opinion on what is going on in South Dakota and whether Gov. Noem remains a staunch defender of conservative values, you should read the statute, listen to the interview, and read the Governor’s form and content revisions.
It is perfectly fine to disagree with Gov. Noem’s strategy for protecting girls’ and women’s sports. But it is ill-informed to believe that she is caving to political correctness or sacrificing principles. The courts are wobbly and can no longer be relied upon to uphold the constitution as the Founders intended. It is up to the citizens, nationwide, to exert back pressure on “wokeness.” We either hang together or hang separately.
Gov. Kristi Noem has some knowledge of how you separate a cow from the herd for roping. She has no intention of having South Dakota culled and roped by the NCAA and other “woke” organizations.
Published in General
I’ve watched some of the commentary and interviews and I have adopted exactly the position you are advocating here. The tactics used by the other side are tricky and deceptive and I have trusted the Governor to figure out the best way to navigate this. I won’t alter my view of her until I actually see her make a change.
The condemnations from those on the right have made me uneasy. How thoroughly have they reviewed Noem’s decision? Are they so certain that her approach given today’s climate isn’t a better approach? Given how impressive her Conservative positions have been to date, it seems incumbent on us to give her the benefit of the doubt. And not behave like the Left, with easy outrage and condemnations. I’ll watch to see what happens.
I think she sensed that the legislative language, which probably had some lobbyists input, was setting traps from which escape would be complicated. There are two public policy issues. Protect the definition of sex distinction in public competition and don’t disadvantage South Dakota student athletes from future opportunities. Time will tell.
Yeah, as an example, take a look at Georgia. They pass an entirely reasonable voting law and all of a sudden Delta Airlines and Coke become voting rights “experts”. And, there have been the usual threats from Hollywood that they will not make any more movies in Georgia.
Of course, they’re just following senile Joe’s lead. As a President, he’s done little more than throw gasoline on the fire. What a jerk…
We’re all propagandized. Nonstop. Some from “our side” too. I don’t have time to read the SD bill or investigate Noem’s vetoes or arguments in depth.
I want a trusted source of news to tell me the truth. Both sides of the story using the strongest arguments from all sides.
Even I’ve been tempted to accept the narrative even without knowing enough personally. I hear some argument like: “she’s worried that the law will be subject to lawsuits, so executive orders are her solution?” That’s a solid argument. I don’t know if there’s a solid answer.
Oh boy we’re in trouble. I saw on OANN this morning some report about VP Harris laughing at an inappropriate time. This is what they’re concentrating on? Despite all of the real major issues? Despite Russia Collusion Hoax still not punished and its perpetrators made public? Despite 2020 election irregularity still treated as some crazy conspiracy lie? despite Joe Biden putting kids in cages…. er I mean plexiglass boxes?
I don’t want to divert attention – what I say here is related to the OP in that I don’t think most of us know enough to form an opinion yet. Yes, even people here who pay way more attention than the average bear. Why don’t we? Shouldn’t it be a pretty simple matter to clear up or to at least understand where the lines are drawn and why?
I think Bob and Susan have adopted a judicious approach. Governor Noem has been a very stalwart Conservative both by speech and action. She is no dummy, nor is she a wilting lily. I think the prudent move is to give this situation a little more time to work itself out. Right now the Governor’s actions seem counterintuitive to all that we know about her and what we would expect her to do in this situation. That is enough to make my nose itch. Something just doesn’t smell right here. I agree with the OP, @Rodin.
Fake news is the culprit. Unreported news is fake news.
I tend to believe that this is what we’re really facing:
https://www.foxnews.com/media/nbc-news-lester-holt-truth-fairness-overrated
Fellow Ricochet-ites, let’s just forget about the news. Actually, Holt is just saying what we’ve already suspected. The mainstream media, including every major network and newspaper, have become little more than corporate shills.
We shouldn’t be surprised at anything Holt says. He’s simply codifying the rules for the new media.
I agree, but I still need someone I can trust to suss out the details.
Just look at where we are on this specific situation. Kristi Noem has been a standout compared to other state governors during the pandemic. That makes me trust her for now over all others until proven otherwise beyond just the word of pundits.
I think we were ill-served by our own pundits who jumped to the assumption that Gov. Noem caved outright, and in some cases stated that she was trying to placate the trans lobby. This is the first I heard of these executive orders, which paint a vastly different picture.
Exactly. Plus due to the Calif proposition and legislation processes, both Rodin and I have experienced what goes on inside pieces of legislation. So many times an issue is addressed by a piece of legislation, and unless an individual is a lawyer or really connected to the political process, it is not immediately apparent as to what the ramifications of a bill actually are.
The PTB excel at both having provisions inside legislation deceptively lure the voters into approving of a bill that is rotten at its core. They also excel at having several similar pieces of legislation on a ballot at election time. Do I vote No to have the “Protect All Children” legislation defeated, since maybe that is the bill that will actually harm children? Or do I instead vote Yes on that bill and No on “Save The Children” legislation?
@caroljoy is correct. It is for this reason that when I was a California resident and voter my consistent practice was to vote “no” on any initiative I did not understand. Even then I no doubt cast the wrong vote from time to time.
Hate to say it, Rodin, but you possibly did vote wrong. Because so often, inside the convoluted wording of the Calif ballot, “no” on an issue actually can mean “yes.”
Roger that.
It’s on Noem to make her decision understandable if, in fact, it’s being misinterpreted or over-dramatized. Regardless of whether she was exercising “prudence” and got a bad rap, I did not find her explanations particularly compelling. That’s not acceptable for someone with national aspirations.
Yes. This is why Pelosi is bypassing all traditional committee hearings and debates in the House with all these massive bills. You can bet that there is much work going on lobbying the legislatures of recalcitrant states.
Too many true believers immediately jumped on the “Kristi’s a squish” train.
Given how hostile the federal government/bureaucracy seems to have become as far as ordinary Americans are concerned, I am beginning to think people like Noem, DeSantis, and some other stand-up governors just are more than ever needed to stay at the helm of their state governments. Further, I would like to see more like-minded governors in office around the country. Only the states IMO seem likely to be able to ward off the assault on federalism, traditional civics, and norms that the current clique in power seem bent on intensifying.
Note the update I posted. I tried to add a comment to address the form and style controversy but was having trouble mapping the changes between the Bill text to which I initially linked and to the Governor’s revisions. Initially I thought someone had screwed up — either the publisher of the letter or the Governor. But when I found the “Enrolled” Bill it all fell into place. The prior link included Legislative Findings as section 1 that does not appear in the Enrolled Bill.
My comment on the controversy is that Noem likely overstepped her form and style authorities, but her comments about the problems with the legislation were spot on. Setting aside the question of whether the law should apply to higher education or not, the Bill violated the South Dakota constitution requirement that each bill be on a single subject (see Article III, Section 21). The language on performance enhancing drugs no doubt was intended to deal with hormones used in transitioning. But it was not so limited, so as the Governor said, the bill gave rise a cause of action for any use of a PED by any sex in any contest. It was over broad and unnecessary if you simply limit participation based on sex listed on the birth certificate. (The legislature might want to take on the subject of PEDs independently of this legislation as you might not want ant athlete using PEDs, including girls, whether or not they are transitioning.) And the birth certificate requirement was a good change because South Dakota law requires providing a birth certificate be provided when a child is initially enrolled in school. Relying on the already provided and recorded birth certificate that most likely predates transitioning and avoids a complicated certification process.
While I view Governor Noem’s version of the law as superior to the legislature’s, she may well have exceeded her authority. They could have gone along and it would have been done. Instead they will have to come back and deal with again.
By the way, the bill would have covered all elementary and secondary schools, public and private. But Governor Noem’s executive order does not, because it cannot, cover private schools.
Thank you for that. Hardly anything is ever so simple as it was being made out to be. I wonder, though, if there are any good rebuttals from someone driving the legislation.
Nothing is easy. A bill that says, “If you were born a boy, you cannot compete against those born a girl in official school sanctioned sports.” would be too damn simple.
I haven’t heard her express any national aspirations, only that many conservatives have expressed their approval of her actions as governor. It is early yet for that and she is establishing a record that can be evaluated in due time. It seems the pundits, among others, like to jump on these types of cases early, I guess to see if the politician is prone to waffling, not seen here yet.
If she is on the up and up, why did she dissemble on TV?
When someone cannot explain themselves, I am suspicious.
Reminds me of Rubio ‘being tough’ on illegal immigration by being part of that Gang of Eight Amnesty. Not buying it.
The simplest explanation is sometimes you aren’t on top of your game. She was clearly surprised by the reaction she got from conservative pundits. When you are inside your head and you know what and why are you doing something, you can be surprised when it is not as obvious to someone else as it is to you. When faced with a hostile reaction that you did not anticipate you sometimes don’t get the clearest response out there the first time. This is exacerbated by the time constraints that are imposed by TV segments. I thought she did a lot better when in her Glenn Beck interview she had a) plenty of time to talk, b) knew the kinds of criticism she needed to address, and c) was not battling the interviewer. Newsbreak: She’s human.
Now she has her fight on. I don’t know local South Dakota politics. Given the size of the state and the normal conventions I don’t know what the right thing is to do when working with the legislature as currently comprised. When I read the statute I saw the problems to which she alluded. For some reason (probably pride, but who knows) the legislators declined to see the same problems and dug in their heels. They took the Governor’s form and style changes as criticisms of their work and were not pleased. I thought her versions was cleaner and simpler and accomplished 90% of what the legislature had set out to do without containing the seeds of a court loss.
Governor Noem has alluded to the other states that have adopted protections for girls’ and women’s sports. I need to find the text of those statutes to find out whether the Governor’s or the legislature’s version was more in line with those. She argues that hers is. I’ll try and find out.
Really? I think that I just demonstrated on the podcast that I can explain and articulate what I think on things easily and quickly. She is the Governor, and ought to be far, far better at me than this sort of thing. It is her job.
No one in government deserves anything but suspicion and mistrust. They have power, and people with power abuse it. They have an obligation to be as clear as possible.
Distrust but verify.
Well, OK then.
I’ve gotten cynical with age, but thankfully not quite that cynical yet.