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

[Caryn Ann Harlos]

Does this require an EC meeting?

*In Liberty,*

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On Wed, Feb 5, 2020 at 12:33 PM Oliver Hall via Lnc-business <
lnc-business at hq.lp.org> wrote:

> 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
>
>