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Minnesota Voters Alliance, et al. v. Joe Mansky, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 15-1682, 15-1741 · judgment February 28, 2017

Decided · June 14, 2018
At-filing estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Minnesota election law forbids voters from wearing political badges, political buttons, or other political insignia at the polling place. See Minn. Stat. § 211B.ll. The ban broadly prohibits any material "designed to influence and impact voting," or "promoting a group with recognizable political views," even when the apparel makes no reference to any issue or candidate on the ballot. The Eighth Circuit, aligned with the Fifth and D.C. Circuits, invoked Burson v. Freeman, 504 U.S. 191 (1992), to hold that a state can impose a "speechfree zone" without infringing on the Free Speech Clause of the First Amendment. There is deep tension between those decisions and the reasoning in decisions of the Fourth and Seventh Circuits, which hold that the First Amendment does not allow a state to prohibit all political speech. The question presented is: Is Minnesota Statute Section 211B.ll, which broadly bans all political apparel at the polling place, facially overbroad under the First Amendment?

Counsel of record

For petitioner
J. David Breemer
Pacific Legal Foundation

For respondent
Nathan Hartshorn

Case

Subject area
First Amendment (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 6 conferences

Amicus briefs
12 merits
(8 supporting pet./neither, 4 respondent)

Order
Order list, November 13, 2017 · Certiorari granted

Argument & decision

Argued February 28, 2018 — J. David Breemer · Daniel Rogan. Listen and read along · the Court’s audio

Decided June 14, 2018. Opinion by Roberts, C.J..

Proceedings

  1. Aug 21 2018
    Record from the U.S.C.A. 8th Circuit has been returned.
  2. Jul 16 2018
    JUDGMENT ISSUED.
  3. Jun 14 2018
    Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Thomas, Ginsburg, Alito, Kagan, and Gorsuch, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Breyer, J., joined.
  4. Feb 28 2018
    Argued. For petitioners: J. David Breemer, Sacramento, Cal. For respondents: Daniel Rogan, Assistant Hennepin County Attorney, Minneapolis, Minn.
  5. Feb 19 2018
    Reply of petitioners Minnesota Voters Alliance, et al. filed. (Distributed)
  6. Feb 12 2018
    Brief amici curiae of Brennan Center for Justice at NYU School of Law, The League of Women Voters of the United States and The League of Women Voters Minnesota filed. (Distributed)
  7. Feb 12 2018
    Brief amicus curiae of Campaign Legal Center filed. (Distributed)
  8. Feb 12 2018
    Brief amici curiae of National Association of Counties, National League of Cities, U.S. Conference of Mayors, International City/County Management Association, and International Municipal Lawyers Association filed. (Distributed)
  9. Feb 12 2018
    Brief amici curiae of States of Tennessee, Indiana, Kansas, Louisiana, Michigan, Mississippi, Montana, Nebraska, Rhode Island, Texas, and Utah filed. (Distributed)
  10. Feb 05 2018
    Brief of respondents Joe Mansky, et al. filed. (Distributed)
  11. Jan 17 2018
    Record received from the U.S.C.A. 8th Circuit. (1 Box).
  12. Jan 12 2018
    Brief amici curiae of Southeastern Legal Foundation, et al. filed. (Distributed)
  13. Jan 12 2018
    Brief amici curiae of The American Civil Rights Union, et al. filed. (Distributed)
  14. Jan 12 2018
    Brief amicus curiae of Institute for Free Speech filed. (Distributed)
  15. Jan 12 2018
    Brief amici curiae of American Civil Liberties Union; American Civil Liberties Union of Minnesota filed. (Distributed)
  16. Jan 11 2018
    Brief amici curiae of Justice and Freedom Fund filed. (Distributed)
  17. Jan 11 2018
    Brief amici curiae of Cato Institute, et al. filed. (Distributed)
  18. Jan 11 2018
    Brief amicus curiae of James Madison Center for Free Speech, Inc. filed. (Distributed)
  19. Jan 10 2018
    Record requested from the U.S.C.A. 8th Circuit.
  20. Jan 10 2018
    Brief amicus curiae of Goldwater Institute filed. (Distributed)
  21. Jan 05 2018
    CIRCULATED
  22. Jan 05 2018
    Brief of petitioners Minnesota Voters Alliance, et al. filed.
  23. Jan 05 2018
    Joint appendix filed. (Statement of costs filed)
  24. Dec 20 2017
    SET FOR ARGUMENT ON Wednesday, February 28, 2018
  25. Dec 07 2017
    Blanket Consent filed by Respondent, Joe Mansky, et al.
  26. Nov 29 2017
    Motion to extend the time to file the joint appendix and petitioners' brief on the merits granted and the time is extended to and including January 5, 2018.
  27. Nov 27 2017
    Motion for an extension of time filed.
  28. Nov 27 2017
    Blanket Consent filed by Petitioners, Minnesota Voters Alliance, et al.
  29. Nov 13 2017
    Motion for leave to file amici brief filed by Cato Institute, et al. GRANTED.
  30. Nov 13 2017
    Motion for leave to file amici brief filed by The American Civil Rights Union, et al. GRANTED.
  31. Nov 13 2017
    Motion for leave to file amicus brief filed by Center fo Competitive Politics GRANTED.
  32. Nov 13 2017
    Petition GRANTED.
  33. Nov 06 2017
    DISTRIBUTED for Conference of 11/9/2017.
  34. Oct 30 2017
    DISTRIBUTED for Conference of 11/3/2017.
  35. Oct 23 2017
    DISTRIBUTED for Conference of 10/27/2017.
  36. Oct 10 2017
    DISTRIBUTED for Conference of 10/13/2017.
  37. Sep 20 2017
    DISTRIBUTED for Conference of 10/6/2017.
  38. Sep 14 2017
    Reply of petitioners Minnesota Voters Alliance, et al. filed.
  39. Sep 01 2017
    Brief of respondents Joe Mansky, et al. in opposition filed.
  40. Aug 04 2017
    Response Requested. (Due September 5, 2017)
  41. Jul 19 2017
    DISTRIBUTED for Conference of September 25, 2017.
  42. Jul 03 2017
    Motion for leave to file amici brief filed by Cato Institute, et al.
  43. Jul 03 2017
    Motion for leave to file amicus brief filed by Center for Competitive Politics.
  44. Jul 03 2017
    Motion for leave to file amici brief filed by The American Civil Rights Union, et al.
  45. Jun 15 2017
    Waiver of right of respondent Joe Mansky, et al. to respond filed.
  46. Jun 12 2017
    Waiver of right of respondent Steve Simon, in his official capacity as Minnesota Secretary of State to respond filed.
  47. Jun 08 2017
    Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners.
  48. May 30 2017
    Petition for a writ of certiorari filed. (Response due July 3, 2017)
  49. May 30 2017
    Letter pursuant to Rule 12.6 from counsel for petitioners received.