Eighth Circuit Rejects Missouri's Second Amendment Preservation Act
Yesterday, a unanimous panel of the U.S. Court of Appeals for the Eighth Circuit rejected Missouri’s attempt to nullify federal gun laws with which the state disagrees. Chief Judge Colloton wrote a remarkably brief opinion for the panel in U.S. v. Missouri, joined by Judges Loken and Kelly.
Here is the opinion’s introduction:
Missouri’s Second Amendment Preservation Act classifies various federal laws regulating firearms as “infringements on the people’s right to keep and bear arms, as guaranteed by Amendment II of the Constitution of the United States and Article I, Section 23 of the Constitution of Missouri.” The Act declares that these federal laws are “invalid to this state,” “shall not be recognized by this state,” and “shall be specifically rejected by this state.”
The United States sued the State of Missouri, the governor, and the attorney general, alleging that the Act violates the Supremacy Clause of the Constitution of the United States. The district court2 denied Missouri’s motions to dismiss for lack of standing and failure to state a claim, granted the motion of the United States for summary judgment, and enjoined implementation and enforcement of the Act. On this appeal by the State, we agree that the United States has standing to sue. Because the Act purports to invalidate federal law in violation of the Supremacy Clause, we affirm the judgment.
After concluding that the federal government has standing to sue to challenge the Missouri statute, Chief Judge Colloton addressed the merits.
The Supremacy Clause states that federal law is “the supreme Law of the Land, . . . any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” U.S. Const. art. VI, cl. 2. “By this declaration, the states are prohibited from passing any acts which shall be repugnant to a law of the United States.” McCulloch v. Maryland, 7 U.S. (4 Wheat.) 316, 361 (1819). The “Second Amendment Preservation Act” states that certain federal laws are “invalid to this state,” Mo. Rev. Stat. § 1.430, but a State cannot invalidate federal law to itself. Missouri does not seriously contest these bedrock principles of our constitutional structure. The State instead advances two arguments.
First, the State argues that the United States cannot sue to enforce the Supremacy Clause because it lacks a cause of action. While there is no implied right of action under the Supremacy Clause, there is an equitable tradition of suits to enjoin unconstitutional actions by state actors. Armstrong v. Exceptional Child Ctr., Inc., 575 U.S. 320, 326-27 (2015). Based on that equitable tradition, the United States has sued in other cases to enjoin a state law’s implementation and enforcement or for other appropriate relief. See, e.g., United States v. Washington, 596 U.S. 832, 837 (2022); United States v. Minnesota, 270 U.S. 181, 194 (1926); Sanitary Dist. of Chi. v. United States, 266 U.S. 405, 425-26 (1925). We see no reason why the United States cannot proceed similarly in this case.
Second, Missouri contends that the Act is constitutional because the State may constitutionally withdraw the authority of state officers to enforce federal law. The State argues that the reason why it withdrew its authority—i.e., because the State declared federal law invalid—is immaterial.
That Missouri may lawfully withhold its assistance from federal law enforcement, however, does not mean that the State may do so by purporting to invalidate federal law. In this context, as in others, the Constitution “is concerned with means as well as ends.” Horne v. Dep’t of Agric., 576 U.S. 350, 362 (2015). Missouri has the power to withhold state assistance, “but the means it uses to achieve its ends must be ‘consist[ent] with the letter and spirit of the constitution.’” Id. (quoting McCulloch, 7 U.S. (4 Wheat.) at 421) (alteration in original). Missouri’s assertion that federal laws regulating firearms are “invalid to this State” is inconsistent with both. If the State prefers as a matter of policy to discontinue assistance with the enforcement of valid federal firearms laws, then it may do so by other means that are lawful, and assume political accountability for that decision.
The post Eighth Circuit Rejects Missouri’s Second Amendment Preservation Act appeared first on Reason.com.
Source: https://reason.com/volokh/2024/08/27/eighth-circuit-rejects-missouris-second-amendment-preservation-act/
Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.
"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
Humic & Fulvic Liquid Trace Mineral Complex
HerbAnomic’s Humic and Fulvic Liquid Trace Mineral Complex is a revolutionary new Humic and Fulvic Acid Complex designed to support your body at the cellular level. Our product has been thoroughly tested by an ISO/IEC Certified Lab for toxins and Heavy metals as well as for trace mineral content. We KNOW we have NO lead, arsenic, mercury, aluminum etc. in our Formula.
This Humic & Fulvic Liquid Trace Mineral complex has high trace levels of naturally occurring Humic and Fulvic Acids as well as high trace levels of Zinc, Iron, Magnesium, Molybdenum, Potassium and more. There is a wide range of up to 70 trace minerals which occur naturally in our Complex at varying levels. We Choose to list the 8 substances which occur in higher trace levels on our supplement panel. We don’t claim a high number of minerals as other Humic and Fulvic Supplements do and leave you to guess which elements you’ll be getting.
Order Your Humic Fulvic for Your Family by Clicking on this Link, or the Banner Below.
Our Formula is an exceptional value compared to other Humic Fulvic Minerals because...
It’s OXYGENATED
It Always Tests at 9.5+ pH
Preservative and Chemical Free
Allergen Free
Comes From a Pure, Unpolluted, Organic Source
Is an Excellent Source for Trace Minerals
Is From Whole, Prehisoric Plant Based Origin Material With Ionic Minerals and Constituents
Highly Conductive/Full of Extra Electrons
Is a Full Spectrum Complex
Our Humic and Fulvic Liquid Trace Mineral Complex has Minerals, Amino Acids, Poly Electrolytes, Phytochemicals, Polyphenols, Bioflavonoids and Trace Vitamins included with the Humic and Fulvic Acid. Our Source material is high in these constituents, where other manufacturers use inferior materials.
Try Our Humic and Fulvic Liquid Trace Mineral Complex today. Be 100% Satisfied or Receive a Full Money Back Guarantee. Order Yours Today by Following This Link.