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Eugene Mazo, et al. v. Tahesha Way, New Jersey Secretary of State, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 21-2630 · judgment November 23, 2022
Before the decision, about 3.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Third Circuit decision below, and a circuit split argued in the petition, and down for a state or local-government respondent.
Question presented
The decision below allows New Jersey to regulate core political speech at the election’s critical moment, and to do so on the basis of content and viewpoint while insulating entrenched political machines from serious primary challenges. New Jersey allows candidates in primary elections to engage in political speech on the ballot via six-word slogans next to their names. New Jersey was not obligated to allow candidates to communicate directly with voters at the very moment they cast their ballots. But having done so for the express purpose of allowing candidates to distinguish themselves from their primary opponents, the state could not dictate content or skew the debate. Undeterred, the state prohibits candidates from referencing the name of any individual anywhere in the world (e.g., “Never Trump” or “Evict Putin From Ukraine”) or any New Jersey corporation (e.g., “Higher Taxes for Merck & JnJ”) absent written consent. Entrenched political machines have long exploited this law by using political associations incorporated in New Jersey to signal which candidates enjoy machine support in the primary. Tellingly, New Jersey drops the consent requirement altogether on the generalelection ballot. The Third Circuit upheld this glaring free-speech violation only by bypassing traditional First Amendment scrutiny in favor of the amorphous Anderson-Burdick balancing test. The question presented is: Whether a state that permits political candidates to engage in core political speech on the ballot may restrict that speech on the basis of content and viewpoint without satisfying strict scrutiny.
Counsel of record
For petitioner
Paul D. Clement
Clement & Murphy, PLLC
For respondent
Jeremy Michael Feigenbaum
Office of the New Jersey Attorney General
Proceedings
- Oct 02 2023Petition DENIED.
- Aug 23 2023DISTRIBUTED for Conference of 9/26/2023.
- Aug 23 2023Reply of petitioners Eugene Mazo, et al. filed. (Distributed)
- Aug 04 2023Brief of respondents New Jersey Secretary of State, et al. in opposition filed.
- Jul 05 2023Brief amicus curiae of New Jersey Libertarian Party filed.
- Jun 29 2023Motion to extend the time to file a response is granted and the time is extended to and including August 4, 2023.
- Jun 28 2023Motion to extend the time to file a response from July 5, 2023 to August 4, 2023, submitted to The Clerk.
- Jun 05 2023Response Requested. (Due July 5, 2023)
- May 30 2023DISTRIBUTED for Conference of 6/15/2023.
- May 25 2023Waiver of right of respondent New Jersey Secretary of State, et al. to respond filed.
- May 25 2023Brief amici curiae of New Jersey Professors of Law and Politics filed.
- May 25 2023Brief amicus curiae of Michael D. Byrne filed.
- May 25 2023Brief amicus curiae of Foundation for Individual Rights and Expression filed.
- May 25 2023Brief amici curiae of Liberty Justice Center, et al. filed.
- May 25 2023Brief amici curiae of Good Government Coalition of New Jersey, et al. filed.
- May 25 2023Brief amicus curiae of Derek T. Muller filed.
- May 23 2023Amicus brief of Professor Michael R. Dimino, Sr. not accepted for filing. (May 24, 2023) (Corrected efiling to be submitted)
- May 23 2023Brief amicus curiae of Professor Michael R. Dimino, Sr. filed.
- Apr 21 2023Petition for a writ of certiorari filed. (Response due May 25, 2023)
- Mar 15 2023Application (22A725) granted by Justice Alito extending the time to file until April 22, 2023.
- Mar 09 2023Application (22A725) to extend further the time from March 23, 2023 to April 22, 2023, submitted to Justice Alito.
- Feb 13 2023Application (22A725) granted by Justice Alito extending the time to file until March 23, 2023.
- Feb 06 2023Application (22A725) to extend the time to file a petition for a writ of certiorari from February 21, 2023 to March 23, 2023, submitted to Justice Alito.