I’ll admit to being a little befuddled by the explanation here by South Dakota Governor Kristi Noem. The SD legislature passed a bill to protect women’s sports by banning biological males from participating in biological women’s sports. The bill has overwhelming support in South Dakota; however, Govenor Kristi Noem doesn’t support it.
When asked why she doesn’t support it, Noem seems to say she has received advice and counsel that the law would fail if challenged in federal court. Specifically Noem implies the NCAA would sue South Dakota and she believes the state would lose a lawsuit based on the law. If that is her position, essentially she is attempting to avoid litigation, proactively planning to lose that litigation, on a law supported by the majority in her state. WATCH: