Republican Party of Minnesota v. White

SCOTUSCase
Litigants=Republican Party of Minnesota v. White
ArgueDate=March 26
ArgueYear=2002
DecideDate=June 27
DecideYear=2002
FullName=Republican Party of Minnesota, et al., Petitioners v. Suzanne White, Chairperson, Minnesota Board of Judicial Standards, et al.
USVol=536
USPage=765
Citation=122 S. Ct. 2528; 153 L. Ed. 2d 694; 2002 U.S. LEXIS 4883; 70 U.S.L.W. 4720; 15 Fla. L. Weekly Fed. S 518
Prior=Judgement for defendants, 63 F.Supp.2d 967 (Minn. 1999); affirmed, 247 F.3d 854 (8th Cir. 2001); cert. granted, 534 U.S. 1054 (2001)
Subsequent=
Holding="Announce clauses" of judicial ethics codes that prevent judicial candidates from announcing their views on how cases should be decided are unconstitutional.
SCOTUS=1994-2005
Majority=Scalia
JoinMajority=Rehnquist, O'Connor, Kennedy, Thomas
Concurrence=O'Connor
Concurrence2=Kennedy
Dissent=Stevens
JoinDissent=Souter, Ginsburg, Breyer
Dissent2=Ginsburg
JoinDissent2=Stevens, Souter, Breyer
LawsApplied=U.S. Const. amend. I; Minnesota Code of Judicial Conduct 5(A)(3)(d)(i)

"Republican Party of Minnesota v. White", 536 U.S. 765 (2002), is a decision of the Supreme Court of the United States regarding the First Amendment rights of candidates for judicial office. In a 5–4 opinion, the court ruled that Minnesota's requirement of judges not to discuss political issues was unconstitutional.

Background

Minnesota, like most states, had a code of judicial ethics ["See generally", ABA Model Code of Judicial Conduct (2004); [http://www.abanet.org/cpr/mcjc/toc.html] Minnesota Code of Judicial Conduct (2006). [http://www.mncourts.gov/?page=2061] "See also, in specific", ABA Model Code of Judicial Conduct (1972), Canon 7(B); Minnesota Code of Judicial Conduct (2000) Canon 5(A)(3)(d)(i).] that constrained candidates seeking election as a judge from discussing issues that could come before them if elected—referred to as an "announce clause."

In 1996, Gregory Wersal ran for associate justice of the Minnesota Supreme Court. He distributed literature critical of several Minnesota Supreme Court decisions. An ethics complaint was filed against him; however, the board which was to review the complaint dismissed the charges and cast doubt upon the constitutionality of the announce clause.

In 1998, Wersal ran again for the same office; however, this time he preemptively filed suit in Federal District Court against Suzanne White, the chairperson of the Minnesota Board on Judicial Standards, charging that the announce clause limited his right to free speech and made a mockery of the election process by denying him the ability to wage a meaningful campaign. The Republican Party of Minnesota joined in the lawsuit, arguing that the restrictions prevented the Party from learning Wersal's views on the issues, and thus opposing or supporting his candidacy.

The district court found that the announce clause did not violate the Constitution, Wersal appealed to the United States Court of Appeals for the Eighth Circuit, and they affirmed the district court's decision.

Wersal filed a "writ of certiorari" to the United States Supreme Court, which was granted.

The Decision

In a 5–4 ruling, the Supreme Court reversed the Eighth Circuit Court's ruling and declared Minnesota's announce clause in violation of the First Amendment. Justice Scalia, writing for the majority, found that the standard of there being a compelling state interest, and any restraints being narrowly tailored in order to restrict speech, was not met.

Justices Scalia, Rehnquist, O’Connor, Kennedy, and Thomas were in the majority. Justice Stevens filed a dissenting opinion, in which Souter, Ginsburg, and Breyer joined. Justice Ginsburg filed a dissenting opinion, in which Stevens, Souter, and Breyer joined.

In a talk at the New York University School of Law on October 11, 2006, retired Justice O'Connor indicated that she regretted her vote. Justice O'Connor suggested she wished she had voted with the minority given the decision's implications for judicial independence.Fact|date=February 2007

ee also

* List of United States Supreme Court cases, volume 536

References

External links

* [http://www.firstamendmentcenter.org/faclibrary/case.aspx?case=MN_Repulican_Party_v_White First Amendment Library entry on "Republican Party of Minnesota v. White"]
* [http://straylight.law.cornell.edu/supct/html/01-521.ZS.html LII page on the case with abstact and all opinions]
* [http://www.oyez.org/oyez/resource/case/1497/argument.mp3 mp3 recording of the oral argument]
* [http://www.oyez.org/oyez/resource/case/1497/argument/transcript transcript of the oral argument]
* [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=01-521 Findlaw text of the opinion]
* [http://straylight.law.cornell.edu/supct/pdf/01-521P.ZO PDF of slip opinion]
* [http://www.economist.com/world/na/displayStory.cfm?story_id=3518718 Article on political vs. independent judges] at "The Economist"