Supreme Court of the United States · Official docket →
Missouri, et al. v. United States
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 23-1457 · judgment August 26, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Under Missouri law, state officials cannot use state resources to enforce certain federal laws. In response to a suit filed by the Federal Government challenging this law, the Eighth Circuit agreed Missouri has core Tenth Amendment authority to pass such a law. The court nonetheless struck down Missouri’s law on the ground that Missouri’s legislature enacted it for a forbidden “reason”—the legislature’s belief that certain federal laws are unconstitutional. The questions presented are:
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Can federal courts second-guess a State’s “reason” for exercising Tenth Amendment authority (as the Eighth Circuit held) or not (as other circuits hold)?
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Does the Constitution prohibit States from exercising Tenth Amendment authority when motivated by a concern that a federal statute is unconstitutional?
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Is a state official a proper defendant under Ex parte Young simply because the official is regulated by a statute (as the Eighth Circuit held), or does the official also need to possess authority to enforce the law (as other circuits hold)?
Counsel of record
For petitioner
Louis Joseph Capozzi III
Missouri Attorney General
For respondent
Hashim M. Mooppan
Acting Solicitor General
Proceedings
- Oct 06 2025Petition DENIED.
- Aug 19 2025Motion to Withdraw Counsel of Missouri, et al. not accepted for filing. (September 08, 2025--submission not of the type that is to be efiled)
- Jun 26 2025Reply of petitioners Missouri, et al. filed. (Distributed)
- Jun 25 2025DISTRIBUTED for Conference of 9/29/2025.
- Jun 10 2025Brief of respondent United States in opposition filed.
- May 20 2025Motion to extend the time to file a response is granted and the time is further extended to and including June 10, 2025.
- May 19 2025Motion to extend the time to file a response from May 27, 2025 to June 10, 2025, submitted to The Clerk.
- Apr 25 2025Motion to extend the time to file a response is granted and the time is extended to and including May 27, 2025 . See Rule 30.1.
- Apr 24 2025Motion to extend the time to file a response from April 25, 2025 to May 26, 2025, submitted to The Clerk.
- Apr 14 2025Motion to extend the time to file a response is granted and the time is further extended to and including April 25, 2025.
- Apr 11 2025Motion to extend the time to file a response from April 11, 2025 to April 25, 2025, submitted to The Clerk.
- Mar 28 2025Motion to extend the time to file a response is granted and the time is further extended to and including April 11, 2025.
- Mar 27 2025Motion to extend the time to file a response from March 28, 2025 to April 11, 2025, submitted to The Clerk.
- Feb 26 2025Brief amici curiae of Gun Owners of America, Inc., et al. filed.
- Feb 26 2025Brief amici curiae of Montana, et al. filed.
- Feb 03 2025Motion to extend the time to file a response is granted and the time is extended to and including March 28, 2025.
- Jan 31 2025Motion to extend the time to file a response from February 26, 2025 to March 28, 2025, submitted to The Clerk.
- Jan 23 2025Petition for a writ of certiorari filed. (Response due February 26, 2025)
- Nov 14 2024Application (24A476) granted by Justice Kavanaugh extending the time to file until January 23, 2025.
- Nov 08 2024Application (24A476) to extend the time to file a petition for a writ of certiorari from November 24, 2024 to January 23, 2025, submitted to Justice Kavanaugh.