More like after they lose the prelim injunction and the stay pending appeal. My guess, in the 8th circuit, is that they stand a chance at winning the stay pending appeal, which would let them keep rolling for a while.
It’s a non trivial piece of 10th amendment litigation. Maybe Minnesota has a sovereign right to investigate a homicide. But does that oblige the feds to do or not do something? Does it matter if the feds are the only way to get critical evidence? Is it important whether the feds are actively trying to thwart and deny MN’s police power? Does MN have to prove they can beat the Supremacy Clause on this case before they can get stuff?
Obliged or not when there is an investigation, there are valid reasons to not assist. From protected information to 5th amendment stuff. However, if they defy a court order to hand it over, that would be a crisis.
It needs to be requested by a judge not an officer.
More like after they lose the prelim injunction and the stay pending appeal. My guess, in the 8th circuit, is that they stand a chance at winning the stay pending appeal, which would let them keep rolling for a while.
It’s a non trivial piece of 10th amendment litigation. Maybe Minnesota has a sovereign right to investigate a homicide. But does that oblige the feds to do or not do something? Does it matter if the feds are the only way to get critical evidence? Is it important whether the feds are actively trying to thwart and deny MN’s police power? Does MN have to prove they can beat the Supremacy Clause on this case before they can get stuff?
Obliged or not when there is an investigation, there are valid reasons to not assist. From protected information to 5th amendment stuff. However, if they defy a court order to hand it over, that would be a crisis.
It needs to be requested by a judge not an officer.