[Lnc-business] Proposed Amicus Brief: Carney v. Adams

[Oliver Hall]

Greetings:

I am writing to provide further information about /Carney v. Adams/, No. 
19-309, to assist the LNC in determining whether to file an amicus brief 
in support of the Plaintiff-Respondent in this case.

*The deadline for filing such a brief is March 2, 2020. *

The case arises from a decision of the Third Circuit, which held 
unconstitutional certain provisions of the Delaware Constitution that 
disqualify independents and minor party members from serving as judges 
of the Delaware Supreme Court, the Delaware Court of Chancery or the 
Delaware Superior Court. As applied, these provisions guarantee that 
such judges shall be members of "one major political party" or "the 
other major political party."

The Plaintiff-Respondent, James Adams, is an independent who wishes to 
serve as a judge in the Delaware courts but is prohibited by the 
challenged state constitutional provisions. The Defendant-Petitioner is 
John Carney, Governor of Delaware.

Both the District Court and the Third Circuit ruled in the 
Plaintiff-Respondent's favor, holding the provisions unconstitutional. 
The Third Circuit held that the provisions are unconstitutional on two 
grounds:

 1. Use of political affiliation as a qualification for a judgeship
    violates the First Amendment; and
 2. Disqualification of non-major party members from serving as judges
    violates the First Amendment.

After losing in the Third Circuit, the Defendant-Petitioner filed a 
petition for certiorari. The Supreme Court granted the petition on 
December 6, 2019. The Supreme Court will hear oral argument on March 25, 
2020.

The proposed amicus brief would be in support of the 
Plaintiff-Respondent, on the merits of the case (not in opposition to 
the petition for certiorari, which was already granted).

*_Reasons the LNC May Wish to File an Amicus Brief_*

 1. The LNC has an interest in challenging state laws that categorically
    exclude Libertarians from serving in public office;
 2. If the Supreme Court upholds the law, it may set a precedent that
    negatively affects the Libertarian Party in ballot access and other
    cases;
 3. The Supreme Court's acceptance of the petition for certiorari
    appears to be an indication (or at least raises the risk) that it
    will reverse the Third Circuit's decision;
 4. Many amicus briefs have been filed in this case already, including
    from well-known "good government" groups, most of which argue that
    the challenged provisions should be upheld as promoting "diversity"
    in the judiciary;
 5. A brief filed by the LNC could be valuable in arguing that exclusion
    of its members from holding judgeships in Delaware plainly violates
    their First Amendment rights, and in any event, such a categorical
    exclusion is not narrowly tailored to promote the state's purported
    interest in promoting "diversity" among the judiciary;
 6. The LNC (and other minor parties) is uniquely positioned to file
    such a brief.

Again, the proposed amicus brief is *due March 2, 2020.*

Please let me know if I can answer questions or provide further 
information.

Thank you,

Oliver

-- 
Oliver B. Hall
Special Counsel
Libertarian National Committee
202-280-0898