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

[Sam Goldstein]

Can we get an estimate of the total cost (attorney cost if any and 
printing filing) before the EC meeting?

Thanks,

---
Sam Goldstein
Libertarian National Committee
317-850-0726 Cell

On 2020-02-19 15:21, Nicholas Sarwark via Lnc-business wrote:
> 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
>> 
>> 
>>