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Phil Lyman v. Spencer J. Cox, Governor of Utah, et al.

Paid petition · Supreme Court of Utah, No. 20240824 · judgment August 15, 2024


Certiorari denied · January 13, 2025
Pre-decision estimate: 0% cert probability

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

Question presented

In New York State Bd. Of Elections v. Lopez Torres, 552 U.S. 196 (2008), this Court held: “a political party has a First Amendment right to limit its membership as it wishes, and to choose a candidate selection process that will in its view produce the nominee who best represents its political platform. These rights are circumscribed, however, when the State gives the party a role in the election process— as New York has done here by giving certain parties the right to have their candidates appear with party endorsement on the general-election ballot.” As in Torres, the Utah Republican Party’s associational rights are at issue “only as a shield and not as a sword.” No Utah law prohibits a candidate from attending a political party convention and seeking to persuade the delegates to support him. Did the Utah Supreme Court run afoul of this Court’s judgment of Torres by concluding that a state can mandate a candidate, who won the political party’s nomination through the convention process, to participate in the direct primary because the candidate who lost at convention collected signatures giving the losing candidate a second chance to seek the political party’s nomination? aaviaoBF"*' AO- l- 01' II i - , ... * > x ■■ ■ *.'i T «<t :t sM iM'r 1

Counsel of record

For petitioner
Phil Lyman

For respondent
Stanford Edward Purser
Utah Attorney General's Office

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Linked docket
24A529

Proceedings

  1. Mar 03 2025
    Rehearing DENIED.
  2. Feb 12 2025
    DISTRIBUTED for Conference of 2/28/2025.
  3. Feb 04 2025
  4. Jan 13 2025
    Petition DENIED.
  5. Dec 18 2024
    DISTRIBUTED for Conference of 1/10/2025.
  6. Dec 13 2024
    Application (24A529) denied by Justice Gorsuch.
  7. Dec 11 2024
    Brief amici curiae of Trent Staggs, et. al. filed.
  8. Dec 10 2024
    Waiver of right of respondent Lt. Gov. Deidre Henderson to respond filed.
  9. Dec 04 2024
    Waiver of right of respondent Spencer J. Cox to respond filed.
  10. Nov 21 2024
    Application (24A529) for injunction pending review and disposition of the petition for a writ of certiorari, submitted to Justice Gorsuch.
  11. Oct 17 2024
    Petition for a writ of certiorari filed. (Response due December 12, 2024)