This article has been revised to reflect the following correction:
The attorney John Fitzgerald in this story is the son of the attorney John Fitzgerald who ran against Ravnsborg and Russell for the Republican nomination.
PIERRE, S.D. (KELO) — The South Dakota Supreme Court has denied a writ of prohibition that some lawmakers sought.
The legislators were trying to to stop Governor Kristi Noem from distributing $5 million to assist broadband providers in improving service.
Both sides are Republicans.
Earlier, state Attorney General Jason Ravnsborg, declined to block the governor. Ravnsborg, also a Republican, said it was his duty to defend state government in such an action.
The Legislature approved the $5 million transfer during 2019 session as part of a broader supplemental appropriations bill that took effect today (Friday, June 28).
The justices didn’t issue any explanation with their statement of denial.
Attorney John Fitzgerald of Rapid City represented Patrick Ealy, the taxpayer who sought the writ.
Fitzgerald was one of the lawyers who lost the nomination to Ravnsborg at the Republican state convention last summer.
Senator Lance Russell of Hot Springs also sought the nomination. He was one of the legislators who signed the letter asking Ravnsborg to stop Noem.