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DAKOTANS FOR HEALTH v. NOEM

No. 21-2428.

52 F.4th 381 (2022)

DAKOTANS FOR HEALTH, Plaintiff-Appellee v. Kristi NOEM, South Dakota Governor, in her official capacity; Mark Vargo, South Dakota Attorney General, in his official capacity; Steve Barnett, South Dakota Secretary of State, in his official capacity, Defendants-Appellants South Dakota Biotech Association, Amicus on Behalf of Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: November 1, 2022.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was James Ellis Moore , of Sioux Falls, SD. The following attorneys also appeared on the appellant brief; Justin G. Smith , of Sioux Falls, SD. and Jacquelyn Angela Bouwman , of Sioux Falls, SD.

Counsel who presented argument on behalf of the appellee and appeared on the brief was James D. Leach , of Rapid City, SD.

The following attorney(s) appeared on the amicus brief of South Dakota Biotech Association in support of appellants; Matthew S. McCaulley , of Sioux Falls, SD. and Christopher D. Sommers , of Sioux Falls, SD.

Before GRASZ, STRAS, and KOBES, Circuit Judges.

This appeal requires us to evaluate the constitutionality of a South Dakota law imposing new obligations on persons compensated to circulate initiative petitions. The district court1 preliminarily enjoined South Dakota officials from enforcing these requirements. We affirm.

I. Background...

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