[Lnc-business] Request for Amicus Brief
Richard Longstreth
richard.longstreth at lp.org
Sat Oct 27 22:44:53 EDT 2018
I've been in contact with Joe from Utah and he has indicated that the Utah
affiliate knows about this and would be willing to support, perhaps with
some funding as well. It was actually Joe that first forwarded the info to
Nick and Wes, which is how I'm sure it got to Oliver.
Richard
On Sat, Oct 27, 2018, 14:59 Alicia Mattson via Lnc-business <
lnc-business at hq.lp.org> wrote:
> 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
>
--
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 been in contact with Joe from Utah and he has indicated that the
Utah affiliate knows about this and would be willing to support,
perhaps with some funding as well. It was actually Joe that first
forwarded the info to Nick and Wes, which is how I'm sure it got to
Oliver.
Richard
On Sat, Oct 27, 2018, 14:59 Alicia Mattson via Lnc-business
<[1]lnc-business at hq.lp.org> wrote:
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][2]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:[3]lnc-business at hq.lp.org
--
Richard Longstreth
Region 1 Representative (AK, AZ, CO, KS, MT, NM, OR, HI, UT, WA, WY)
Libertarian National Committee
[4]richard.longstreth at lp.org
931.538.9300
References
1. mailto:lnc-business at hq.lp.org
2. mailto:lnc-business at hq.lp.org
3. mailto:lnc-business at hq.lp.org
4. mailto:richard.longstreth at lp.org
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