Supreme Court of the United States · Official docket →
Phil Lyman v. Spencer J. Cox, Governor of Utah, et al.
Paid petition · Supreme Court of Utah, No. 20240824 · judgment August 15, 2024
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
Proceedings
- Mar 03 2025Rehearing DENIED.
- Feb 12 2025DISTRIBUTED for Conference of 2/28/2025.
- Feb 04 2025Petition for Rehearing filed.
- Jan 13 2025Petition DENIED.
- Dec 18 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 13 2024Application (24A529) denied by Justice Gorsuch.
- Dec 11 2024Brief amici curiae of Trent Staggs, et. al. filed.
- Dec 10 2024Waiver of right of respondent Lt. Gov. Deidre Henderson to respond filed.
- Dec 04 2024Waiver of right of respondent Spencer J. Cox to respond filed.
- Nov 21 2024Application (24A529) for injunction pending review and disposition of the petition for a writ of certiorari, submitted to Justice Gorsuch.
- Oct 17 2024Petition for a writ of certiorari filed. (Response due December 12, 2024)