[Lnc-business] Request for Amicus Brief

Caryn Ann Harlos caryn.ann.harlos at lp.org
Sun Oct 28 06:16:15 EDT 2018


I have read through the materials and this is indeed something we should be
involved in, I am alarmed at the overt admission that the state is putting
its finger on the scale.

While one of the options is free (i.e. to sign on to an amicus authored by
others) the cover memo did indicate that having at least four amicus filed
is helpful to predisposing the Court to take up the case.

How many are being filed so far Oliver?

-Caryn Ann

On Sat, Oct 27, 2018 at 8:44 PM Richard Longstreth via Lnc-business <
lnc-business at hq.lp.org> wrote:

>    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
>


-- 

*  In Liberty,*

*Libertarian Party and Libertarian National Committee Secretary *- Caryn.Ann.
Harlos at LP.org <Caryn.Ann.Harlos at LP.org> or Secretary at LP.org.
*Chair, LP Historical Preservation Committee* - LPedia at LP.org
Call me at 561.523.2250 and follow my public figure page at
facebook.com/pinkflameofliberty/

=========================================================================
Peaceful Commerce With All Nations * Non-interventionism * Re-Legalize All
Drugs * End Government Intrusion In The Bedroom * Repeal All Gun Laws *
Abolish All Taxation * Sound, Free-market Money * Abolish The Fed * End
Corporate & Individual Welfare * Abolish The IRS and Repeal the Income Tax
* Privatize Transportation Infrastructure * Free-market Emergency Services
* Open Migration * Transfer Government Schools To The Private Sector *
Eliminate Regulation *

*VOTE LIBERTARIAN * 800-ELECT-US or http://www.LP.org <http://www.lp.org/>*
=========================================================================
-------------- next part --------------
   I have read through the materials and this is indeed something we
   should be involved in, I am alarmed at the overt admission that the
   state is putting its finger on the scale.
   While one of the options is free (i.e. to sign on to an amicus authored
   by others) the cover memo did indicate that having at least four amicus
   filed is helpful to predisposing the Court to take up the case.
   How many are being filed so far Oliver?
   -Caryn Ann

   On Sat, Oct 27, 2018 at 8:44 PM Richard Longstreth via Lnc-business
   <[1]lnc-business at hq.lp.org> wrote:

        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][2]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][3]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][4]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][5]richard.longstreth at lp.org
        931.538.9300
     References
        1. mailto:[6]lnc-business at hq.lp.org
        2. mailto:[7]lnc-business at hq.lp.org
        3. mailto:[8]lnc-business at hq.lp.org
        4. mailto:[9]richard.longstreth at lp.org

   --

     In Liberty,
   [uc?id=1DeRjq-L8dvRZabgEG94VkkUvjoHatcfP&export=download]
   Libertarian Party and Libertarian National Committee
   Secretary - [10]Caryn.Ann. Harlos at LP.org or Secretary at LP.org.
   Chair, LP Historical Preservation Committee - LPedia at LP.org
   Call me at 561.523.2250 and follow my public figure page
   at [11]facebook.com/pinkflameofliberty/
   =======================================================================
   ==
   Peaceful Commerce With All Nations * Non-interventionism * Re-Legalize
   All Drugs * End Government Intrusion In The Bedroom * Repeal All Gun
   Laws * Abolish All Taxation * Sound, Free-market Money * Abolish The
   Fed * End Corporate & Individual Welfare * Abolish The IRS and Repeal
   the Income Tax * Privatize Transportation Infrastructure * Free-market
   Emergency Services * Open Migration * Transfer Government Schools To
   The Private Sector * Eliminate Regulation *
   VOTE LIBERTARIAN * 800-ELECT-US or [12]http://www.LP.org
   =======================================================================
   ==

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:lnc-business at hq.lp.org
   5. mailto:richard.longstreth at lp.org
   6. mailto:lnc-business at hq.lp.org
   7. mailto:lnc-business at hq.lp.org
   8. mailto:lnc-business at hq.lp.org
   9. mailto:richard.longstreth at lp.org
  10. mailto:Caryn.Ann.Harlos at LP.org
  11. http://facebook.com/pinkflameofliberty/
  12. http://www.lp.org/


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