On August 9, the Eighth Circuit asked attorneys for Nebraska to respond to the petition for rehearing en banc, in Bernbeck v Gale, 15-1983. The issue is the county distribution requirement for statewide initiatives. The U.S. District Court had invalidated the law, but the Eighth Circuit had ruled 2-1 on July 28 that the plaintiff doesn’t have standing.

It is unusual for a petition for rehearing en banc to get this type of response. The response shows that the judges are taking the matter seriously.