The Eighth Circuit has reversed a preliminary injunction barring the enforcement of a Nebraska constitutional provision regarding the geographical distribution of registered voters who sign ballot-initiative petitions. After concluding that the provision did not restrict a "fundamental" right for purposes of equal-protection analysis, the panel majority applied rational-basis scrutiny and held that the plaintiffs had failed to carry their burden to show a that they were likely to prevail on the merits. Judge Jane Kelly dissented and would have upheld the injunction.