No. 24-796

Missouri, et al. v. United States

Lower Court: Eighth Circuit
Docketed: 2025-01-27
Status: Denied
Type: Paid
Amici (3) Experienced Counsel
Tags: constitutional-interpretation federal-courts judicial-review standing state-sovereignty tenth-amendment
Key Terms:
SecondAmendment Takings Immigration JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Can federal courts second-guess a State's 'reason' for exercising Tenth Amendment authority?

Question Presented (OCR Extract)

Under Missouri law, state officials cannot use state resources to enforce certain federal laws. In response to a suit filed by the Federal Government challenging this law, the Eighth Circuit agreed Missouri has core Tenth Amendment authority to pass such a law. The court nonethel ess struck down Missouri’s law on the grou nd that Missouri’s legislature enacted it for a forbidden “reason ”—the legislature’s belief that certain federal laws are unconstitutional. The questions presented are : 1. Can federal courts second -guess a State’s “reason” for exercising Tenth Amendment a uthority (as the Eighth Circuit held ) or not (as other circuits hold )? 2. Does the Constitution prohibit States from exercising Tenth Amendment authority when motivated by a concern that a federal statute is unconstitutional? 3. Is a state official a proper defendant under Ex parte Young simply because the official is regulated by a statute (as the Eighth Circuit held ), or does the official also need to possess authority to enforce the law (as other circuits hold )?

Docket Entries

2025-10-06
Petition DENIED.
2025-08-19
Motion to Withdraw Counsel of State of Missouri, et al. submitted.
2025-06-26
2025-06-26
Reply of Missouri, et al. submitted.
2025-06-25
DISTRIBUTED for Conference of 9/29/2025.
2025-06-10
Brief of respondent United States in opposition filed.
2025-06-10
Brief of United States in opposition submitted.
2025-05-20
Motion to extend the time to file a response is granted and the time is further extended to and including June 10, 2025.
2025-05-19
Motion to extend the time to file a response from May 27, 2025 to June 10, 2025, submitted to The Clerk.
2025-05-19
Motion of United States for an extension of time submitted.
2025-04-25
Motion to extend the time to file a response is granted and the time is extended to and including May 27, 2025 . See Rule 30.1.
2025-04-24
Motion to extend the time to file a response from April 25, 2025 to May 26, 2025, submitted to The Clerk.
2025-04-24
Motion of United States for an extension of time submitted.
2025-04-14
Motion to extend the time to file a response is granted and the time is further extended to and including April 25, 2025.
2025-04-11
Motion to extend the time to file a response from April 11, 2025 to April 25, 2025, submitted to The Clerk.
2025-04-11
Motion of United States for an extension of time submitted.
2025-03-28
Motion to extend the time to file a response is granted and the time is further extended to and including April 11, 2025.
2025-03-27
Motion to extend the time to file a response from March 28, 2025 to April 11, 2025, submitted to The Clerk.
2025-03-27
Motion of United States for an extension of time submitted.
2025-02-26
2025-02-26
Brief amici curiae of State of Montana, et al. filed.
2025-02-26
2025-02-26
Amicus brief of Gun Owners of America, Inc., Gun Owners Foundation, Gun Owners of California, Heller Foundation, Tennessee Firearms Association, Tennessee Firearms Foundation, Virginia Citizens Defense League, Virginia Citizens Defense Foundation, Grass Roots North Carolina, Rights Watch International, America’s Future, DownsizeDC.org, Downsize DC Foundation, U.S. Constitutional Rights Legal Defense Fund, and Conservative Legal Defense and Education Fund submitted.
2025-02-03
Motion to extend the time to file a response is granted and the time is extended to and including March 28, 2025.
2025-01-31
Motion to extend the time to file a response from February 26, 2025 to March 28, 2025, submitted to The Clerk.
2025-01-31
Motion of United States for an extension of time submitted.
2025-01-23
Petition for a writ of certiorari filed. (Response due February 26, 2025)
2024-11-14
Application (24A476) granted by Justice Kavanaugh extending the time to file until January 23, 2025.
2024-11-08
Application (24A476) to extend the time to file a petition for a writ of certiorari from November 24, 2024 to January 23, 2025, submitted to Justice Kavanaugh.

Attorneys

Gun Owners of America, Inc., Gun Owners Foundation, Gun Owners of California, Heller Foundation, Tennessee Firearms Association, Tennessee Firearms Foundation, Virginia Citizens Defense League, Virginia Citizens Defense Foundation, Grass Roots North Carol
Robert Jeffrey OlsonWilliam J. Olson P.C., Amicus
Robert Jeffrey OlsonWilliam J. Olson P.C., Amicus
Missouri, et al.
Joshua Michael DivineOffice of the Missouri Attorney General, Petitioner
Louis Joseph Capozzi IIIMissouri Attorney General, Petitioner
Montana, et al.
Christian Brian CorriganMontana Department of Justice, Amicus
Christian Brian CorriganMontana Department of Justice, Amicus
Peter Martin Torstensen Jr.Montana Attorney General's Office, Amicus
State of Missouri, et al.
Louis Joseph Capozzi IIIMissouri Attorney General, Petitioner
State of Montana, et al.
Peter Martin Torstensen Jr.Montana Attorney General's Office, Amicus
United States
Hashim M. MooppanActing Solicitor General, Respondent
Hashim M. MooppanActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent