[Lnc-business] Request for Amicus Brief

Richard Longstreth richard.longstreth at lp.org
Sat Oct 27 15:47:07 EDT 2018


I've just found out about it myself. I'm forwarding the information to the
affiliate chair.

Richard

On Sat, Oct 27, 2018, 12:30 Tim Hagan via Lnc-business <
lnc-business at hq.lp.org> wrote:

> 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
>
-- 
Richard Longstreth
Region 1 Representative (AK, AZ, CO, KS, MT, NM, OR, HI, UT, WA, WY)
Libertarian National Committee
richard.longstreth at lp.org
931.538.9300
-------------- next part --------------
   I've just found out about it myself. I'm forwarding the information to
   the affiliate chair.

   Richard
   On Sat, Oct 27, 2018, 12:30 Tim Hagan via Lnc-business
   <[1]lnc-business at hq.lp.org> wrote:

     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

   --

   Richard Longstreth
   Region 1 Representative (AK, AZ, CO, KS, MT, NM, OR, HI, UT, WA, WY)
   Libertarian National Committee
   [2]richard.longstreth at lp.org
   931.538.9300

References

   1. mailto:lnc-business at hq.lp.org
   2. mailto:richard.longstreth at lp.org


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