EGGERS v. EVNEN

No. 22-2268.

48 F.4th 561 (2022)

Crista EGGERS; Nebraskans for Medical Marijuana, NMM, Plaintiffs-Appellees v. Robert B. EVNEN, Defendant-Appellant. State of Arkansas; State of Alabama; State of Alaska; State of Florida; State of Idaho; State of Indiana; State of Louisiana; State of Missouri; State of Montana; State of North Dakota; State of Ohio; State of Oklahoma; State of South Carolina; State of Utah; State of West Virginia; Nebraska Agricultural Legal Foundation; Nebraska Cattlemen; Nebraska Corn Growers Association; Nebraska Farm Bureau Federation; Nebraska Pork Producers Association; Nebraska Soybean Association; Nebraska State Dairy Association; Nebraska Wheat Growers Association; We Support Agriculture, Amici on Behalf of Appellant(s). Raise the Wage Nebraska; Anthony B. Schutz; Steven R. Dunbar; Nebraska Civic Engagement Table; Common Cause Nebraska, Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: August 31, 2022.


Attorney(s) appearing for the Case

Counsel who represented the appellant was James A. Campbell , of Lincoln, NE., Jennifer A. Huxoll , of Lincoln, NE., and Justin J. Hall , of Lincoln, NE.

Counsel who represented the appellees was Mindy Rush Chipman , of Lincoln, NE., Jane Seu , of Lincoln, NE., Daniel J. Gutman , of Omaha, NE., and Regina E. Schneider , of Omaha, NE.

The following attorney appeared on the amicus brief of the States of Arkansas, Alabama, Alaska, Florida, Idaho, Indiana, Louisiana, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, Utah and West Virginia; Dylan L. Jacobs , AAG, of Little Rock, AR.

The following attorneys appeared on the amicus brief of Raise the Wage Nebraska; Marnie A. Jensen , of Omaha, NE., and Sydney Hayes , of Omaha, NE:

The following attorney appeared on the amicus brief of Nebraska Farm Bureau Federation, Nebraska Agricultural Legal Foundation, Nebraska Cattlemen, Nebraska Pork Producers Association, Nebraska Soybean Association, Nebraska Wheat Growers Association, Nebraska Corn Growers Association, Nebraska State Dairy Association, and We Support Agriculture; Sheila A. Bentzen , of Lincoln, NE.

The following attorneys appeared on the amicus brief of Anthony B. Shutz , Steven R. Dunbar , Nebraska Civic Engagement Table and Common Cause Nebraska; Nathan D. Clark , of Lincoln, NE., and Megan N. Mikolajczyk , of Lincoln, NE.

Before GRUENDER, KELLY, and STRAS, Circuit Judges.


Crista Eggers and Nebraskans for Medical Marijuana ("NMM"), a registered Nebraska ballot campaign committee, challenged as contrary to the Equal Protection Clause a provision in the Nebraska constitution that establishes a signature requirement for ballot initiatives. The district court entered a preliminary injunction barring...

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