[Lnc-business] Request for Amicus Brief

[brent.olsen at lp.org]

The Libertarian Party of California is one of those states joining in on 
signing the amicus brief.  I strongly suggest the LNC do so as well, 
whether that be signing the amicus already developed or to write our 
own.

In Liberty,
Brent

On 2018-10-27 09:08, Oliver Hall via Lnc-business wrote:
> 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