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

[Oliver Hall]

I am following up on the message below to advise that we have received 
two offers from Libertarian attorneys who may be interested in working 
on an amicus brief in this case.

One attorney has requested payment for working on the brief. The other 
has offered help on a pro bono basis, but cannot act as lead author.

In addition, I can serve as counsel of record for purposes of the 
filing, and I can provide support to the lead author if we are able to 
find one (assuming the LNC is interested in pursuing this matter).

*Again,* *the filing deadline is March 2, 2020.*

Thank you,

Oliver

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

On 2/5/2020 11:34 AM, Oliver Hall 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