[Lnc-business] Request for Amicus Brief
Oliver Hall
oliverbhall at gmail.com
Sun Oct 28 09:48:38 EDT 2018
I don't know how many separate amicus briefs are being filed. I'll try
to find out. I think generally the more the better, at this stage, but
there's no magic number.
-Oliver
From: Caryn Ann Harlos
Sent: Sunday, October 28, 2018 6:16 AM
To: Libertarian National Committee list
Cc: Richard Longstreth; Oliver Hall
Subject: Re: [Lnc-business] Request for Amicus Brief
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/
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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/
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