South Dakota Supreme Court December 26, 2001, None (Pitts v. Larson)

GORS, Acting Justice

(concurring).

[¶ 19.] Pitts argues that other state employees have served in the legislature in the past. Although this may be true, acquiescence does not make a prior practice constitutional. “A longstanding, widespread practice is not immune from constitutional scrutiny.” Payton v. New York, 445 U.S. 573, 600, 100 S.Ct. 1371, 1387, 63 L.Ed.2d 639, 659 (1980).

[¶20.