The United States Court of Appeals for the Eighth Circuit ruled in 2000 that its rule prohibiting the citation of unpublished opinions was unconstitutional. The decision was ultimately vacated en banc. The legality of this prohibition merits consideration by the United States Supreme Court.
Melissa H. Weresh,
The Unpublished, Non-Precedential Decision: An Uncomfortable Legality?,
3 J. App. Prac. & Process 175
Available at: http://lawrepository.ualr.edu/appellatepracticeprocess/vol3/iss1/11