Tradition is at heart of First Amendment action against South Dakota

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A history of open courts is invoked in a federal complaint by this news service over access to electronic court pleadings.

Since time beyond memory, the courts of the Midwest have stood as constitutional bulwarks protecting the right of access by the people of their regions.

The federal courts set a wooden drawer on the counter where new pleadings were put as soon as they crossed into court. The state courts in the region were open too.

That Midwestern way of democracy was at the heart of a hearing two years ago in the 8th Circuit Court of Appeals. The court covers a great swath of seven Midwestern states, including Missouri, Iowa, Minnesota and the Dakotas.

In its makeup, the court has come from the conservative side of the political aisle with a dominating 16 out of 17 judges appointed by a Bush or Reagan. It has been a staunch defender of traditional constitutional liberties.

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