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

[Nicholas Sarwark]

This will require an Executive Committee meeting to move forward.  I will
contact the Executive Committee to schedule a meeting before the end of the
week.

-Nick

On Wed, Feb 19, 2020 at 1:58 PM john.phillips--- via Lnc-business <
lnc-business at hq.lp.org> wrote:

> Deadline fast approaching do we need a motion to give Mr Hall a go ahead?
> Or a quick EC meeting since time is a factor?
> I support going ahead with it and would suggest an EC meeting as the most
> expeditious path.
>
> John Phillips
> Libertarian National Committee Region 6 Representative
> Cell 217-412-5973
>
> On Feb 19, 2020 12:34 PM, Oliver Hall via Lnc-business <
> lnc-business at hq.lp.org> wrote:
>
> 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
>
>
>