[Lnc-business] Request for Amicus Brief

[Tim Hagan]

Has anyone contacted the LP of Utah to see if they want the LNC to join 
in?

---
Tim Hagan
Treasurer, Libertarian National Committee

On 2018-10-27 11:05, brent.olsen--- via Lnc-business wrote:
> 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