…atically apportioned to him, as does a legislator voting in a legislature (Carrigan).”[44] Applying the Doe-Carrigan framework, Judge Bea concluded that acting as an official ballot proponent “is an expressive act, despite its legislative effect, and is protected by the First Amendment.”[45] However, to Judge Bea, the elector requirement would survive exacting scrutiny on the strength of California’s interest in ensuring that “only civic-minded lo…
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…st Amendment claims.) Josh was of course the first director of the Brennan Center and I worked with him a few years ago on the Carrigan case. One to watch….
Continue reading…t. also illustrate why the Court should take the case. From my work in the Carrigan case (to be argued on remand in the Nevada Supreme Court on Monday), and from watching the John Edwards case, I have come to see the danger of prosecutorial discretion in the criminal election law area where vague statutes, First Amendment interests, and sometimes political calculation figure into prosecutorial decisions. First I would highlight the amicus brief of…
Continue reading…Here. Briefing is now complete and the case will be set for oral argument. [Disclosure: I informally consulted on this brief.]…
Continue reading…Find it here. [Disclosure: I consulted with Mr. Carrigan’s lawyers on their brief in this case, and was on the briefing in the U.S. Supreme Court.]…
Continue reading…This report appears on NPR’s Morning Edition. MORE: Mike Dorf writes “The Campaign Finance Issue Lurking in Nevada Comm’n on Ethics v. Carrigan.”…
Continue reading…strong basis to hold that the application of the recusal provision to Mr. Carrigan violated the First Amendment associational rights of Mr. Carrigan and his supporters. an issue the majority did not reach. Assume a citizen has strong and carefully considered positions on family life; the environment; economic principles; criminal justice; religious values; or the rights of persons. Assume, too, that based on those beliefs, he or she has personal…
Continue reading…and Siefert had been held, perhaps until after the Court’s argument in the Carrigan case [Disclosure: I am one of Mr. Carrigan’s lawyers]. Siefert v. Alexander involves a judicial candidate’s personal solicitation of campaign contributions. Bauer v. Shepard involves, among other things, limits on the political party activities of judicial candidates. I wrote last August that “[t]he opinion in Bauer v. Shephard is likely to be quite influential, th…
Continue reading…ies about today’s Supreme Court argument in Nevada Commission on Ethics v. Carrigan [Disclosure: I am one of Mr. Carrrigan’s lawyers]. AP SCOTUSblog NPR National Law Journal CNN The transcript is here. Justice Scalia, who was the most skeptical of a First Amendment right to a legislative vote, had an interesting exchange with my co-counsel, Josh Rosenkranz: MR. ROSENKRANZ: No, Your Honor. Let me give you a concrete example from real life that happ…
Continue reading…The Washington Post offers this report [Disclosure: I am one of the lawyers for Mr. Carrigan.]…
Continue reading…USA Today offers this report. [Disclosure: I am one of the lawyers for Mr. Carrigan.]…
Continue reading…an find the brief at this link [Disclosure: I am one of the counsel on Mr. Carrigan’s brief]. Here is the Question Presented from the brief: Petitioner Nevada Commission on Ethics censured an elected member of a city council for voting on one of the most important and controversial questions before the council–a question that dominated the contemporaneous election. The Ethics Commission held that the councilmember was disqualified because a key ca…
Continue reading…The Reno Gazettle-Journal offers this report on the Nevada Ethics Commission v. Carrigan case. [Disclosure: I am now consulting on this case for Mr. Carrigan.]…
Continue reading…See this interesting post by Rob Wechsler on the Carrigan case, written before the Supreme Court granted cert….
Continue reading…The newspaper offers Ex-Lobbyist Sentenced to Prison in Corruption Case, Idaho G.O.P. Seeks to Close Open Primaries, and Justices to Hear Case on Recusal Laws (on Carrigan)….
Continue readingI first noted Nevada Ethics Commission v. Carrigan back in December. Today the Supreme Court agreed to hear the case, to be heard in April. Florida filed an amicus brief urging the Court to take the case, on behalf of Florida, Alabama, Colorado, Idaho, Louisiana, Mississippi, Ohio, and Texas. The question is whether laws governing recusal of elected officials in voting on matters in which they might have a personal interest are subject to strict…
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