GamePolitics reports that the 8th Circuit Court has declined an "en banc" review of the Minnesota "fine the buyer" video game law, meaning the only place left to run for the currently unconstitutional law is the Supreme Court of the United States. Minnesota Attorney General Lori Swanson hasn't said whether she'd go that far, but if she does pursue it and the justices decided to hear arguments, it would be the first time the Supreme Court dealt with a video game law case .

With the United States Supreme Court's current makeup, a game law case could go pretty badly for the industry. Justice Antonin Scalia has said if a game law banning the sale of mature-rated games to minors ever made it to the docket he would affirm it, but that's not what the Minnesota law is about. The question before the court would be whether Minnesota would have the right to fine a minor $25 for attempting to buy an M- or AO-rated title.

This article was originally published on Joystiq.

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