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

[Oliver Hall]

Thanks for the query Tim and my apologies for not including an estimate.

The cost depends entirely on the length of the brief.

The cert petition we just filed on behalf of AZLP was about $3,000, 
including the filing fee, but that was 119 total pages (mainly due to 
the inclusion of the required appendix). An amicus brief in this case 
would be much shorter. Therefore, I estimate the cost of the brief would 
be $1,500 or less.

That cost does not include any fee paid to an attorney to author the 
brief. Any such fee would be negotiable, of course, and we might find an 
attorney willing to do the brief /pro bono/, but I don't have anyone 
lined up.

One further consideration: this is a case where it might be worth 
reaching out to other parties -- e.g., the Green Party, Constitution 
Party, etc. -- who may be willing to join the brief and split the costs.

-Oliver

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

On 2/5/2020 2:06 PM, Tim Hagan wrote:
> 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