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Nathan Miller, et al. v. Republican Party of Minnesota, et al.

Paid petition · Court of Appeals of Minnesota, No. A23-0029 · judgment January 16, 2024


Certiorari denied · October 15, 2024
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Federal and state courts have considered several different state statutes banning false campaign speech, but are in conflict on whether such state statutes are unconstitutional content-based restrictions on political speech. See, e.g., Susan B. Anthony List v. Driehaus, 814 F.3d 466, 476 (6th Cir. 2016); 281 Care Comm. v. Arneson, 766 F.3d 774, 796 (8th Cir. 2014); Linert v. MacDonald, 901 N.W.2d 664, 670 (Minn. Ct. App. 2017); Make Liberty Win v. Cegavske, 499 F.Supp.3d 794, 803 (D.Nev. 2020). To resolve an important, constitutional question, the question presented is: Whether state statutes broadly banning false campaign speech, such as Minnesota Statutes § 211B.02, are unconstitutional, if not narrowly tailored to meet a compelling state interest.

Counsel of record

For petitioner
Erick G. Kaardal
Mohrman, Kaardal & Erickson P.A.

For respondent
Zachary Michael Wallen
Chalmers, Adams, Backer & Kaufman, LLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 15 2024
    Petition DENIED.
  2. Sep 18 2024
    DISTRIBUTED for Conference of 10/11/2024.
  3. Sep 13 2024
    Reply of petitioners Nathan Miller, et al. filed. (10/4/2024) (Distributed)
  4. Aug 30 2024
    Brief of respondents Republican Party of Minnesota, et al. in opposition filed.
  5. Aug 30 2024
    Brief of respondent Attorney General Keith Ellison in opposition filed.
  6. Jul 22 2024
    Motion to extend the time to file a response is granted and the time is extended to and including August 30, 2024, for all respondents.
  7. Jul 19 2024
    Motion of respondent Attorney General Keith Ellison to extend the time to file a response from August 16, 2024 to August 30, 2024, submitted to The Clerk.
  8. Jul 15 2024
    Petition for a writ of certiorari filed. (Response due August 16, 2024)