In the Great Plains, where the COVID-19 pandemic hit hard but South Dakota's response was famously hands-off (no statewide mask mandate, quick reopenings under Gov. Kristi Noem), a fresh legislative push is turning frustration into a courtroom showdown. On February 10, 2026, Substack writer Jon Fleetwood highlighted House Concurrent Resolution 6008 (HCR 6008), a non-binding measure urging South Dakota Attorney General Marty Jackley to sue the People's Republic of China, the Chinese Communist Party (CCP), and the People's Liberation Army's Wuhan BSL-4 lab for $100 billion in damages tied to the origins and fallout of SARS-CoV-2.

This isn't the first try. A nearly identical resolution (HCR 6009) passed the House in February 2025 on a 40-28 vote but died in the Senate on a 17-17 tie in March 2025. Now, in the 2026 session, sponsor Rep. Brandei Schaefbauer (R-Aberdeen) and colleagues are trying again. The resolution cleared the House Judiciary Committee 9-2 (deferred to the 41st day), keeping the momentum alive.

HCR 6008 is straightforward and accusatory:

It asserts the COVID-19 virus stemmed from "gain-of-function research" at the Wuhan Institute of Virology's BSL-4 lab (operated under the People's Liberation Army).

It demands the AG file (and join existing) lawsuits against China, the CCP, and related entities, seeking $100 billion in compensatory and punitive damages.

If money flows in, it mandates a "South Dakota COVID-19 Victims Relief Fund" – managed by a committee of lawyers, doctors, financial pros, legislators, and victims – to distribute up to $250,000 per impacted resident for deaths, illnesses, medical costs, business closures, or financial hardships.

Schaefbauer ties the $100 billion figure to the pandemic's statewide toll: thousands dead, healthcare strained, economies rocked. (South Dakota reported ~3,500 COVID deaths total, per official stats, with a population under 1 million.) Proponents frame it as accountability for an alleged cover-up and reckless research.

Precedents and the Bigger Picture

South Dakota would join a short but determined list of states pushing this angle:

Missouri led the charge in 2020 (Missouri v. China). AG Andrew Bailey secured a default judgment in 2024-2025 after China ignored service, seeking $25 billion+ and even threatening to seize Chinese assets in the state. No payout yet – enforcement is the Everest.

Federal efforts like the CCP Virus Reimbursement for States Act (H.R. 4000, 2023) aimed to greenlight state suits and offset judgments via U.S. debts to China, but it stalled.

The lab-leak hypothesis has gained mainstream traction (FBI, DOE assessments lean that way), fuelling these symbolic suits amid ongoing U.S.-China tensions.

AG Jackley's office has signalled willingness: If the Legislature passes it, they'll "honour the request."

The Harsh Reality: China Will (Probably) Just Ignore It

Sovereign immunity under the Foreign Sovereign Immunities Act (FSIA) shields foreign governments unless narrow exceptions apply (e.g., commercial activity, torts in the U.S.). Courts have dismissed many COVID suits against China on these grounds, though some (like Missouri's) have navigated around via default judgments when defendants don't show up.

Even with a U.S. judgment:

Collecting from China? Good luck. No easy asset seizure abroad.

Diplomatic fallout? Minimal for Beijing – they've dismissed these as "political stunts" and "anti-China hysteria."

Precedent: Missouri's case is stuck in limbo despite the win on paper.

This resolution is symbolic theatre – a way for lawmakers to vent constituent anger, signal toughness on China, and keep the lab-leak narrative alive. It costs nothing to pass, rallies the base, and highlights real grievances (economic losses, excess deaths). But as a path to $100 billion? Near zero odds. China has ignored worse; enforcement would require geopolitical leverage South Dakota doesn't wield.

South Dakota's unique angle: Low regulation, high scepticism of federal overreach during the pandemic. Many residents saw mandates elsewhere as tyrannical; pinning blame on China reframes the pain as foreign sabotage rather than domestic policy failure. With 2026 elections looming and Trump-era hawkishness on China, timing fits.

Sceptics in the Senate (and some House members) called it a long shot, questioning evidence thresholds and resource drain. Yet the 40-28 House vote (and committee support) shows GOP unity on anti-CCP sentiment.

Bottom Line: Gesture Politics Meets Geopolitical Wall

HCR 6008 is a bold, cathartic swing – holding Beijing accountable for what many believe was a lab-engineered disaster with global repercussions. If it passes both chambers and Jackley files, it'll join Missouri in the "moral victory" club. Victims might get a fund on paper, but don't hold your breath for cheques.

China will shrug it off, as sovereign nations do when sued by subnational entities. The real value? Keeping pressure on the origin story, fuelling calls for transparency, and reminding the CCP that America's states aren't forgetting.