Supreme Court of the United States · Official docket →
John Schickel, et al. v. George C. Troutman, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-6456, 17-6505 · judgment May 30, 2019
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, counsel who has filed here before, and a Sixth Circuit decision below.
Questions presented
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Whether incumbents and candidates for political office have standing to assert First and Fourteenth Amendment claims regarding: i) pure campaign speech restrictions that prohibit others from soliciting support to their campaign, and ii) combined legislative ethics and campaign finance restrictions that prohibit certain other persons from associating with those campaigns and candidates through, among other things, campaign donations?
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Whether this Court should overrule the Buckley v. Valeo “closely drawn” scrutiny framework and apply strict scrutiny to First and Fourteenth Amendment claims involving combined legislative ethics and campaign finance restrictions which are, in actuality, speech restrictions?
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Even if Buckley v. Valeo is not overruled, should strict scrutiny nevertheless be applied where campaign speech restrictions as well as combined legislative ethics and campaign finance restrictions violate fundamental rights, and otherwise make impermissible classifications based on the exercise of fundamental rights?
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Whether the challenged Kentucky campaign speech restrictions and combined legislative ethics and campaign finance restrictions survive whatever level of scrutiny the Court deems applicable under the First and Fourteenth Amendments?
Counsel of record
For petitioner
Robert Albert Winter Jr.
The Law Office of Robert A. Winter, Jr.
For respondent
La Tasha Arnae Buckner
Kentucky Office of the Governor
Case
Subject area
First Amendment (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Linked docket
19A69
Order
Order list, December 9, 2019 · Certiorari denied
Proceedings
- Dec 09 2019Petition DENIED.
- Nov 20 2019DISTRIBUTED for Conference of 12/6/2019.
- Nov 18 2019Reply of petitioners John Schickel, et al. filed.
- Nov 06 2019Brief of respondents George C. Troutman, et al. in opposition filed.
- Oct 03 2019Petition for a writ of certiorari filed. (Response due November 6, 2019)
- Jul 30 2019Response to application from respondent Kentucky Legislative Ethics Commission, dated July 24, 2019, received.
- Jul 22 2019Application (19A69) denied by Justice Sotomayor.
- Jul 12 2019Application (19A69) to extend the time to file a petition for a writ of certiorari from October 9, 2019 to December 8, 2019, submitted to Justice Sotomayor.