[Lnc-business] Request for Amicus Brief

[Oliver Hall]

Good Morning,

The LNC has received a request from the petitioners in /Utah Republican 
Party v. Cox/ to submit an amicus brief in support of their petition for 
certiorari to the Supreme Court.

The URP is challenging a law that effectively requires it to nominate by 
primary election, rather than by caucus, as it had previously done. URP 
contends that the law was enacted with the specific intent of causing it 
to nominate less "extreme" candidates. URP claims that this violates its 
freedom of association as that right was construed in/California 
Democratic Party v. Jones/.

I believe this case raises issues that are of fundamental importance to 
the Libertarian Party -- in particular its right to select nominees 
according to its own preferred method -- and for that reason, I think 
the LNC should consider submitting an amicus brief in support of the 
petition for certiorari.

The petition is also quite strong. It was filed by experienced Supreme 
Court practitioners, and they present their case well. Additionally, in 
the decision they seek to appeal, the 10th Circuit ruled against them in 
a 2-1 divided decision, with the Chief Judge of the 10th Circuit 
dissenting, and expressly stating his view that the Supreme Court should 
take the case, due to the importance of the issues it raises.

I am attaching for your review the petition for certiorari (including 
the lower court decisions in an appendix), as well as a brief cover memo 
outlining the request for amicus briefs.

I just received the petition yesterday. Please note, however, that if 
the LNC wishes to proceed, we must serve notice of that intent on the 
parties by *Friday, November 2, 2018.* The amicus brief would then be 
due on *Monday, November 12, 2018.* I am aware of the LNC's need for 
adequate time to consider these matters, and have obtained and forwarded 
the materials for your review as quickly as possible.

Please also note that the LNC would need to retain counsel to write the 
brief. Additionally, printing costs would be approximately $1500.

Alternatively, the LNC could potentially join a brief authored by 
another amicus. I have discussed this possibility with petitioners' 
counsel, and I'm told that a brief is being prepared on behalf of a 
number of state parties, which may be appropriate for the LNC to join.

I am available to address any questions you may have.

Thank you,

Oliver


-- 
Oliver B. Hall
Special Counsel
Libertarian National Committee
617-953-0161

-------------- next part --------------
   Good Morning,

   The LNC has received a request from the petitioners in Utah Republican
   Party v. Cox to submit an amicus brief in support of their petition for
   certiorari to the Supreme Court.

   The URP is challenging a law that effectively requires it to nominate
   by primary election, rather than by caucus, as it had previously done.
   URP contends that the law was enacted with the specific intent of
   causing it to nominate less "extreme" candidates. URP claims that this
   violates its freedom of association as that right was construed in
   California Democratic Party v. Jones.

   I believe this case raises issues that are of fundamental importance to
   the Libertarian Party -- in particular its right to select nominees
   according to its own preferred method -- and for that reason, I think
   the LNC should consider submitting an amicus brief in support of the
   petition for certiorari.

   The petition is also quite strong. It was filed by experienced Supreme
   Court practitioners, and they present their case well. Additionally, in
   the decision they seek to appeal, the 10th Circuit ruled against them
   in a 2-1 divided decision, with the Chief Judge of the 10th Circuit
   dissenting, and expressly stating his view that the Supreme Court
   should take the case, due to the importance of the issues it raises.

   I am attaching for your review the petition for certiorari (including
   the lower court decisions in an appendix), as well as a brief cover
   memo outlining the request for amicus briefs.

   I just received the petition yesterday. Please note, however, that if
   the LNC wishes to proceed, we must serve notice of that intent on the
   parties by Friday, November 2, 2018. The amicus brief would then be due
   on Monday, November 12, 2018. I am aware of the LNC's need for adequate
   time to consider these matters, and have obtained and forwarded the
   materials for your review as quickly as possible.

   Please also note that the LNC would need to retain counsel to write the
   brief. Additionally, printing costs would be approximately $1500.

   Alternatively, the LNC could potentially join a brief authored by
   another amicus. I have discussed this possibility with petitioners'
   counsel, and I'm told that a brief is being prepared on behalf of a
   number of state parties, which may be appropriate for the LNC to join.

   I am available to address any questions you may have.

   Thank you,

   Oliver

--
Oliver B. Hall
Special Counsel
Libertarian National Committee
617-953-0161
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