[Lnc-business] Request for Amicus Brief

[Alicia Mattson]

I'll read the attachments tonight, but let me quickly say that I support
our joining for this substantive subject.

-Alicia


On Sat, Oct 27, 2018 at 9:08 AM Oliver Hall via Lnc-business <
lnc-business at hq.lp.org> 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
>
-------------- next part --------------
   I'll read the attachments tonight, but let me quickly say that I
   support our joining for this substantive subject.
   -Alicia

   On Sat, Oct 27, 2018 at 9:08 AM Oliver Hall via Lnc-business
   <[1]lnc-business at hq.lp.org> 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

References

   1. mailto:lnc-business at hq.lp.org