Supreme Court of the United States · Official docket →
Utah Republican Party v. Spencer J. Cox, Lieutenant Governor of Utah, et al.
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 16-4091, 16-4098 · judgment March 20, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
As a private expressive association, “[a] political party” enjoys a general First Amendment right “to choose a candidate-selection process that will in its view produce the nominee who best represents its political platform.” N.Y. Bd. Of Elections v. Lopez Torres, 552 U.S. 196, 202 (2008). The First Amendment thus gives “special protection” to “the process by which a political party selects a standard bearer” California Democratic Party v. Jones, 530 U.S. 567, 575 (2000). Here, however, the Tenth Circuit has joined the Ninth in permitting a government to force a political party to select candidates through a primary rather than a caucus system, for the viewpoint-based purpose of avoiding candidates with “extreme views.” The questions presented are:
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Does the First Amendment permit a government to compel a political party to use a state-preferred process for selecting a party’s standard-bearers for a general election, not to prevent discrimination or unfairness, but to alter the predicted viewpoints of those standard-bearers?
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When evaluating the First Amendment burden of a law affecting expressive associations, may a court consider only the impact on the association’s members, instead of analyzing the burden on the association itself, as defined by its own organizational structure?
Counsel of record
For petitioner
Gene Clayton Schaerr
Schaerr | Jaffe
For respondent
Peter W. Billings
Fabian & Clendenin
Proceedings
- Mar 04 2019Petition DENIED.
- Feb 13 2019DISTRIBUTED for Conference of 3/1/2019.
- Feb 12 2019Reply of petitioner Utah Republican Party filed.
- Jan 29 2019Brief of respondent Spencer J. Cox, in his Official Capacity as Lt. Governor of Uath in opposition filed.
- Jan 29 2019Brief of respondent Utah Democratic Party in opposition filed.
- Jan 03 2019Brief amici curiae of U.S. Pastor Council and Christian Life Center filed.
- Dec 13 2018The motions to extend the time to file responses are granted and the time to file a response is extended to and including February 4, 2019, for all respondents. See Rule 30.1.
- Dec 12 2018Motion to extend the time to file a response from January 3, 2019 to February 2, 2019, submitted to The Clerk.
- Dec 11 2018Motion to extend the time to file a response from January 3, 2019 to February 2, 2019, submitted to The Clerk.
- Dec 04 2018Response Requested. (Due January 3, 2019)
- Nov 28 2018DISTRIBUTED for Conference of 1/4/2019.
- Nov 14 2018Proof of service filed with respect to brief of amici curiae Political Parties. filed.
- Nov 13 2018Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
- Nov 13 2018Brief amici curiae of Utah Legislators, Current and Former filed.
- Nov 13 2018Brief amici curiae of Sen. Mike Lee, Sen. Ted Cruz, Rep. Raul Labrador, and Rep. Rob Bishop filed.
- Nov 13 2018Brief amici curiae of Political Parties filed.
- Nov 13 2018Brief amici curiae of Judicial Watch, Inc., et al. filed.
- Nov 13 2018Waiver of right of respondent Spencer J. Cox to respond filed.
- Nov 09 2018Brief amici curiae of Pacific Legal Foundation, et al. filed.
- Nov 08 2018Brief amicus curiae of Private Citizen, Inc. filed.
- Oct 16 2018Blanket Consent filed by Petitioner, Utah Republican Party.
- Oct 09 2018Petition for a writ of certiorari filed. (Response due November 13, 2018)
- Aug 27 2018Application (18A216) granted by Justice Sotomayor extending the time to file until October 8, 2018.
- Aug 24 2018Application (18A216) to extend the time to file a petition for a writ of certiorari from September 6, 2018 to October 6, 2018, submitted to Justice Sotomayor.