What teeth are needed? Can the South Dakota government not enforce its own laws regulating its own public schools without creating a private cause of action for damages?
So, if South Dakota high school students who would normally be considered for South Dakota athletic scholarships were disenfranchised by an unequal application of the state law because said law would not apply to the state university system, they should have no standing to bring complaint? And this simply because of the pressure brought to bear by outside agencies like the NCAA and the C of C?
Or are you saying that South Dakota’s publicly funded universities would somehow be exempt from retaliation by the NCAA or other entities, if they were to ban male athletes competing in female sports?