Legal Opinion · Dissent

Association of Equipment Mfr. v. The Hon. Doug Burgum

Court of Appeals for the Eighth Circuit

Decided August 2, 2019No. 18-1115Published

1DissentShepherd, Circuit Judge

I respectfully disagree with the Court's conclusion that North Dakota has not met its burden of showing a significant and legitimate public purpose underlying SB 2289. Because this Court has stated that a state's interest in serving its farming and rural communities is "unquestionably significant and legitimate," Equip. Mfrs. Inst. v. Janklow , 300 F.3d 842 , 860 (8th Cir. 2002), and SB 2289 sufficiently evinces such a public purpose, I respectfully dissent.

Generally, "the Contract Clause does not prohibit the States from repealing or amending statutes ... , or from enacting legislation with…

2Cases cited15 opinions

  1. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
  2. United States Trust Co. of NY v. New JerseySupreme Court of the United States · 1977
  3. Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987
  4. Allied Structural Steel Co. v. SpannausSupreme Court of the United States · 1978
  5. Energy Reserves Group, Inc. v. Kansas Power & Light Co.Supreme Court of the United States · 1983

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