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

[Tim Hagan]

Thanks for the info, Oliver. How much will filing an amicus brief cost?

---
Tim Hagan
Treasurer, Libertarian National Committee

On 2020-02-05 08:34, Oliver Hall via Lnc-business wrote:
> 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