[Lnc-business] Request for Amicus Brief

[Oliver Hall]

The printing costs would be about $1500.

A reasonable fee for Counsel would be about $2500, I think.

These costs would go down if we split them with another party or parties.

-Oliver

  Original Message  
From: Elizabeth Van Horn
Sent: Saturday, October 27, 2018 4:19 PM
To: lnc-business at hq.lp.org
Cc: Oliver Hall
Subject: Re: [Lnc-business] Request for Amicus Brief

My thinking is that the LNC should support this, either through joining 
with others or our own amicus brief.

Also, I agree with with Sam that clarifying cost is crucial (Any 
additional, etc.)

Justin also makes a good point about the timing, that we have no time 
for a vote, and this might best be left to the Chair and Excom, with 
them taking note of our input.

I'd also like to see the LNC members that are lawyers comment on this, 
as they might have views that add insight.

---
Elizabeth Van Horn
LNC Region 3 (IN, MI, OH, KY)
Secretary Libertarian Party of Madison Co, Indiana
Vice-Chair Libertarian Pragmatist Caucus
http://www.lpcaucus.org/

On 2018-10-27 12:08, 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