<div dir='auto'>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?<div dir="auto">I support going ahead with it and would suggest an EC meeting as the most expeditious path.<br><br><div data-smartmail="gmail_signature" dir="auto">John Phillips<br>Libertarian National Committee Region 6 Representative<br>Cell 217-412-5973</div></div></div><div class="gmail_extra"><br><div class="gmail_quote">On Feb 19, 2020 12:34 PM, Oliver Hall via Lnc-business <lnc-business@hq.lp.org> wrote:<br type="attribution" /><blockquote class="quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex"><p dir="ltr">I am following up on the message below to advise that we have received
<br>
two offers from Libertarian attorneys who may be interested in working
<br>
on an amicus brief in this case.
<br>
<br>
One attorney has requested payment for working on the brief. The other
<br>
has offered help on a pro bono basis, but cannot act as lead author.
<br>
<br>
In addition, I can serve as counsel of record for purposes of the
<br>
filing, and I can provide support to the lead author if we are able to
<br>
find one (assuming the LNC is interested in pursuing this matter).
<br>
<br>
*Again,* *the filing deadline is March 2, 2020.*
<br>
<br>
Thank you,
<br>
<br>
Oliver
<br>
<br>
Oliver B. Hall
<br>
Special Counsel
<br>
Libertarian National Committee
<br>
202-280-0898
<br>
<br>
On 2/5/2020 11:34 AM, Oliver Hall wrote:
<br>
> Greetings:
<br>
>
<br>
> I am writing to provide further information about /Carney v. Adams/,
<br>
> No. 19-309, to assist the LNC in determining whether to file an amicus
<br>
> brief in support of the Plaintiff-Respondent in this case.
<br>
>
<br>
> *The deadline for filing such a brief is March 2, 2020. *
<br>
>
<br>
> The case arises from a decision of the Third Circuit, which held
<br>
> unconstitutional certain provisions of the Delaware Constitution that
<br>
> disqualify independents and minor party members from serving as judges
<br>
> of the Delaware Supreme Court, the Delaware Court of Chancery or the
<br>
> Delaware Superior Court. As applied, these provisions guarantee that
<br>
> such judges shall be members of "one major political party" or "the
<br>
> other major political party."
<br>
>
<br>
> The Plaintiff-Respondent, James Adams, is an independent who wishes to
<br>
> serve as a judge in the Delaware courts but is prohibited by the
<br>
> challenged state constitutional provisions. The Defendant-Petitioner
<br>
> is John Carney, Governor of Delaware.
<br>
>
<br>
> Both the District Court and the Third Circuit ruled in the
<br>
> Plaintiff-Respondent's favor, holding the provisions unconstitutional.
<br>
> The Third Circuit held that the provisions are unconstitutional on two
<br>
> grounds:
<br>
>
<br>
> 1. Use of political affiliation as a qualification for a judgeship
<br>
> violates the First Amendment; and
<br>
> 2. Disqualification of non-major party members from serving as judges
<br>
> violates the First Amendment.
<br>
>
<br>
> After losing in the Third Circuit, the Defendant-Petitioner filed a
<br>
> petition for certiorari. The Supreme Court granted the petition on
<br>
> December 6, 2019. The Supreme Court will hear oral argument on March
<br>
> 25, 2020.
<br>
>
<br>
> The proposed amicus brief would be in support of the
<br>
> Plaintiff-Respondent, on the merits of the case (not in opposition to
<br>
> the petition for certiorari, which was already granted).
<br>
>
<br>
> *_Reasons the LNC May Wish to File an Amicus Brief_*
<br>
>
<br>
> 1. The LNC has an interest in challenging state laws that
<br>
> categorically exclude Libertarians from serving in public office;
<br>
> 2. If the Supreme Court upholds the law, it may set a precedent that
<br>
> negatively affects the Libertarian Party in ballot access and
<br>
> other cases;
<br>
> 3. The Supreme Court's acceptance of the petition for certiorari
<br>
> appears to be an indication (or at least raises the risk) that it
<br>
> will reverse the Third Circuit's decision;
<br>
> 4. Many amicus briefs have been filed in this case already, including
<br>
> from well-known "good government" groups, most of which argue that
<br>
> the challenged provisions should be upheld as promoting
<br>
> "diversity" in the judiciary;
<br>
> 5. A brief filed by the LNC could be valuable in arguing that
<br>
> exclusion of its members from holding judgeships in Delaware
<br>
> plainly violates their First Amendment rights, and in any event,
<br>
> such a categorical exclusion is not narrowly tailored to promote
<br>
> the state's purported interest in promoting "diversity" among the
<br>
> judiciary;
<br>
> 6. The LNC (and other minor parties) is uniquely positioned to file
<br>
> such a brief.
<br>
>
<br>
> Again, the proposed amicus brief is *due March 2, 2020.*
<br>
>
<br>
> Please let me know if I can answer questions or provide further
<br>
> information.
<br>
>
<br>
> Thank you,
<br>
>
<br>
> Oliver
<br>
>
<br>
> --
<br>
> Oliver B. Hall
<br>
> Special Counsel
<br>
> Libertarian National Committee
<br>
> 202-280-0898
<br>
<br>
</p>
</blockquote></div><br></div>