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Association for Government Accountability, et al. v. Steve Simon, Individually and in His Official Capacity as Minnesota Secretary of State, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 24-1410 · judgment February 18, 2025


Certiorari denied · October 6, 2025
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the Ex Parte Young exception for prospective injunctive relief applies in federal court actions against state officials in their official capacities under the Drivers Protection Privacy Act of 1994, 18 U.S.C. 2721, et seq., where the Act omits “state officials” as a defined “person” and the Act’s remedial scheme is not detailed and incomplete because it omits relief from continuing individual “state official” violations of federal law questioning the application of the exception to the Ex parte Young exception articulated in Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996). PARTIES TO THE PROCEEDINGS Association for Government Accountability; Mark Koran, Senator; Calvin Bahr, Senator; James Roschen; Debra Roschen; Megan Nelson; Andrew Nelson; Dawn Appel; Daniel Appel; Cindy Kohn; David Kohn; Tammi Johnson; Larry Johnson; Meghan Hewitt; A.H., by her next friend and parent Meghan Hewitt; Sarah Johnson; A.J., by his next friend and parent Sarah Johnson are the Petitioners. They were the plaintiffs, and appellants in the lower court proceedings. Steve Simon, individually and in his official capacity as Minnesota Secretary of State, or his successor; David Maeda, individually and in his official capacity as Director of Elections for State of Minnesota, or his successor were the defendants and appellees in the lower court proceedings.

Counsel of record

For petitioner
Erick G. Kaardal
Mohrman, Kaardal & Erickson P.A.

For respondent
Nathan J. Hartshorn
Office of the Minnesota Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Jun 25 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. May 27 2025
    Waiver of right of respondent Steve Simon, Minnesota Secretary of State to respond filed.
  4. May 19 2025
    Petition for a writ of certiorari filed. (Response due June 23, 2025)