201262P.pdf   02/16/2021  SD VOICE  v.  Kristi Noem
   U.S. Court of Appeals Case No:  20-1262
                          and No:  20-1278
   U.S. District Court for the District of South Dakota - Aberdeen   
   [PUBLISHED] Gruender, Author, with Erickson and Kobes, Circuit Judges] 
   Civil case - Election law. The state defendants appeal the district 
   court's decision permanently enjoining as unconstitutional South Dakota 
   House Bill 1094 regulating ballot-petition circulation, and plaintiffs 
   cross-appeal the district court's failure to decide all of their claims. 
   Held: Defendant's appeal must be dismissed for lack of jurisdiction in 
   light of South Dakota's passage of Senate Bill 180 which substantially 
   changed the ballot-petition process; considering the public interest in 
   permitting the district court's decision to stand, defendants are not 
   entitled to vacatur of the district court's judgment; with respect to the 
   cross-appeal, plaintiffs have an issue pending before the district court 
   and the order they appeal from is not final for purposes of appeal; their 
   cross-appeal is dismissed for lack of a final order.