ACLU's appeal asking the U.S. Court of Appeals for the Eighth Circuit to order the U.S. District Court for the District of South Dakota to consider the legislative history behind enactment of the Aid Elimination Penalty, a provision of the federal Higher Education Act that denies financial aid to any person convicted of a drug offense. The District Court upheld the Penalty as constitutional, but refused to consider significant historical evidence that shows the provision to violate the U.S. Constitution's Double Jeopardy Clause.