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Eighth Circuit

Appeals Education Health Law 

Eighth Circuit Tosses Challenge to Missouri Opt-Out Rules for Vaccines

March 5, 2021March 5, 2021 JOE HARRIS
Eighth Circuit, Missouri, schools, students, vaccines

While the federal appeals court dismissed the case, a challenge on the state level continues and proposed legislation could remove immunization requirements for students in private schools.

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Appeals Energy 

Native American Landowners Push Eighth Circuit to Order Dismantling of Oil Pipeline

February 18, 2021February 19, 2021 LEVI LASS
Eighth Circuit, Native Americans, Pipeline, property rights

The pipeline, which runs in part across Native American land, has been operating for years on an expired easement permit.

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Appeals Law 

Abduction Witness Seeks Reinstatement of Retaliation Claims

February 16, 2021February 17, 2021 ANDY MONSERUD
Eighth Circuit, kidnapping, murder, retaliation, statute of limitations

Attorneys for a man who says he was subjected to retaliatory law enforcement scrutiny for speaking publicly about the infamous Jacob Wetterling abduction told an Eighth Circuit panel Tuesday that his claims should be heard.

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Appeals Business Consumers Law 

Florida Wine Retailer Loses Challenge to Missouri Liquor Licensing Rules

February 16, 2021February 16, 2021 JOE HARRIS
alcohol, Eighth Circuit, Florida, interstate commerce, Missouri, regulation, retail, wine

The Eighth Circuit on Tuesday rejected a Florida wine distributor’s challenge to Missouri’s liquor license residency laws, affirming a federal judge’s dismissal based on Supreme Court precedent.

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Appeals Civil Rights Government 

Eighth Circuit Revives Suit Challenging Arkansas’ Pro-Israel Law

February 12, 2021February 16, 2021 JOE HARRIS
Arkansas, Eighth Circuit, Israel

In a split decision, the appeals court found the law requiring state contractors to sign a pledge vowing to not boycott Israel violated free speech rights.

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Appeals Civil Rights Government Media 

Blocked on Twitter

January 28, 2021January 29, 2021 BRIEF
Eighth Circuit, Free Speech, Missouri, politician, Twitter

The Eighth Circuit ruled that Missouri state Representative Cheri Toalson Reisch did not violate a constituent’s rights when she blocked on him Twitter, because she used the account “overwhelmingly for campaign purposes,” and the First Amendment prohibits “only governmental abridgment of speech.”

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Appeals Education Religion 

Panel Urged to Grant Iowa University Officials Immunity in Religious Freedom Case

January 13, 2021January 13, 2021 ROX LAIRD
college, Eighth Circuit, First Amendment, Free Speech, immunity, Iowa, religious freedom, students

The University of Iowa asked an Eighth Circuit panel Wednesday to rule that university officials are not individually liable for violating a Christian student group’s First Amendment rights.

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Appeals Education Health Religion 

Anti-Vaxxers Challenge Missouri’s Religious Exemption Process in the Eighth Circuit

January 12, 2021January 13, 2021 JOE HARRIS
children, Constitution, Eighth Circuit, Missouri, religious freedom, schools, vaccines

A group of Missouri parents told an Eighth Circuit panel on Tuesday that the state requires them to go through a forced indoctrination session to religiously opt out of vaccines required for their children to attend school.

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Appeals Criminal Sports 

Abusive Coach

January 5, 2021January 6, 2021 BRIEF
children, coaches, Eighth Circuit, sentencing, sex abuse

Gregory Stephen, a former youth basketball coach who sexually exploited more than 400 children over two decades was properly sentenced to 180 years in prison, the Eighth Circuit ruled.

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Appeals Government Health Law 

Arkansas Loses Bid to Reinstate Anti-Abortion Laws at Eighth Circuit

January 5, 2021January 6, 2021 ERIK DE LA GARZA
abortion, Arkansas, Eighth Circuit

The Eighth Circuit on Tuesday blocked Arkansas’ persistent efforts to usher in some of the nation’s most restrictive abortion measures, striking down a pair of laws barring the procedure after 18 weeks of pregnancy and on the basis of a prenatal diagnosis of Down syndrome.

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Appeals Civil Rights Regional 

Street Preacher Kicked Out of Festival Takes Free Speech Case to 8th Circuit

December 15, 2020December 16, 2020 ROX LAIRD
Christianity, Eighth Circuit, festivals, First Amendment, Free Speech, Iowa

The First Amendment rights of an Iowa street preacher were violated when police hustled him away from a Davenport street festival, his lawyer told an Eighth Circuit panel Tuesday.

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Appeals Government Politics 

Death of a Candidate

November 20, 2020November 23, 2020 BRIEF
2020 elections, Death, Eighth Circuit, marijuana

The death of Legal Marijuana Now Party candidate Adam Weeks, who was vying for a Minnesota congressional seat when he died, is “not the sort of exigent circumstance” that allows the state to refrain from holding the election for that seat, the Eighth Circuit ruled.

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Appeals Business Law 

Tofurkey Maker Asks Panel to Nix Missouri Rules for Meat Substitute Labels

November 19, 2020November 19, 2020 ANDY MONSERUD
advertising, Eighth Circuit, food, Missouri

The maker of vegetarian meat substitute Tofurky battled Missouri at the Eighth Circuit on Thursday afternoon over a state law restricting the use of the word “meat” and similar phrases on its product packaging.

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Appeals Civil Rights 

Nebraska Inmates Fight at Eighth Circuit for Prison ‘E-Wedding’

November 18, 2020November 18, 2020 TED WHEELER
Eighth Circuit, Nebraska, prisons, weddings

The quest of two Nebraska inmates to get married virtually while incarcerated in separate facilities landed before an Eighth Circuit panel Wednesday, which wondered why the issue was being litigated at all.

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Appeals Government Media Politics 

Missouri Lawmaker Asks Panel to Let Her Block Online Critics

November 17, 2020November 17, 2020 ANDY MONSERUD
Eighth Circuit, First Amendment, legislators, Missouri, Social Media, Twitter

An ongoing debate over the First Amendment responsibilities of elected officials on social media made it to the Eighth Circuit on Tuesday afternoon, where attorneys sparred over whether public officials’ social media accounts are public forums.

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Appeals Politics 

Eighth Circuit Rules Mail-In Ballots in Minnesota Must Be Received by Election Day

October 29, 2020October 30, 2020 JON PARTON
2020 elections, Eighth Circuit, Minnesota

In a late Thursday decision, the Eighth Circuit ruled that mailed-in ballots in Minnesota have to be in by Election Day or will go uncounted, striking down state election officials’ plan to accept ballots up to a week after.

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Appeals Government Religion 

Citizenship Revoked

October 6, 2020October 6, 2020 BRIEF
citizenship, Eighth Circuit, Muslims, Terrorism

The Eighth Circuit affirmed the government’s decision to revoke a Muslim immigrant’s citizenship 18 years after he became a U.S. citizen. The man marked “no” on his application that he had never knowingly committed a crime, even while he funneled money to terrorists as CEO of the Islamic American Relief Agency.

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Appeals Health Regional 

Missouri Defends Abortion Restriction as Way to Save Children With Down Syndrome

September 24, 2020September 24, 2020 JOE HARRIS
abortion, Eighth Circuit, Missouri

The Missouri State Solicitor General told an Eighth Circuit panel Thursday that the state’s tightened abortions protect fetuses diagnosed with Down syndrome from discrimination.

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Appeals Consumers Government 

Shaky Reception at 8th Circuit for Missouri Liquor Licensing Rules

September 24, 2020September 24, 2020 JOE HARRIS
alcohol, Commerce Clause, Eighth Circuit, Missouri, wine

Thwarted in his quest to acquire a wine from his birth year, a lawyer fighting Missouri’s ban on out-of-state liquor sales appeared to strike a chord Thursday with the Eighth Circuit.

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Appeals Civil Rights 

Eighth Circuit Hears Challenge of Ban on Police Roughing Up St. Louis Protesters

September 23, 2020September 23, 2020 JOE HARRIS
Eighth Circuit, Excessive Force, protests, St. Louis

At a hearing before an Eighth Circuit panel Wednesday, a St. Louis city attorney pushed back on claims that it is police department custom to use excessive force including tear gas and pepper spray on protesters.

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