U.S. District Court in Nebraska Refuses to Grant Injunction Against Out-of-State Circulator Ban

On July 1, U.S. District Court Judge Joseph Bataillon, a Clinton appointee, refused to grant an injunction against Nebraska’s ban on out-of-state circulators.  Citizens in Charge v Gale, 4:09cv-3255.  The six-page order relies on the fact that in 2001, the 8th circuit in a North Dakota case had upheld a similar ban.

The 8th circuit is the only circuit in which any U.S. Court of Appeals has ever upheld a ban on out-of-state circulators.  The 2001 case was from North Dakota.  The other states in the 8th circuit, besides Nebraska, are South Dakota, Minnesota, Iowa, Missouri, and Arkansas.  The latter four states do not ban out-of-state circulators.

The order also doubts that the ban actually makes it more expensive for petitions to be completed when an out-0f-state ban exists, citing the travel expenses to bring out-of-state circulators into the state.


Comments

U.S. District Court in Nebraska Refuses to Grant Injunction Against Out-of-State Circulator Ban — 2 Comments

  1. I trust this will be appealed? Clear Circuit split that could easily get the Supreme Court’s attention.

  2. Each State happens to be a sovereign Nation-State.

    1776 DOI – last para.
    1777 Art. Confed.
    1783 U.S.A.-British Peace Treaty
    1787 Const – Art. I, Sec. 10 and Art. VII.

    The U.S.A. regime is a super-national regime — with limited powers – for the joint benefit of the 50 States.

    See the former United States of the Netherlands.

    Much too difficult for MORON judges to understand.

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