Republican Party of Minnesota v. White
Encyclopedia
Republican Party of Minnesota v. White, 536 U.S. 765
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

 (2002), is a decision of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 regarding the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...

 rights of candidates for judicial office. In a 5–4 opinion, the court ruled that Minnesota's requirement of judges not to discuss political issues was unconstitutional.

Background

Minnesota
Minnesota
Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...

, like most states, had a code of judicial ethics
Ethics
Ethics, also known as moral philosophy, is a branch of philosophy that addresses questions about morality—that is, concepts such as good and evil, right and wrong, virtue and vice, justice and crime, etc.Major branches of ethics include:...

 that constrained candidates seeking election as a judge from discussing issues that could come before them if elected—referred to as an "announce clause."

In 1996, Gregory Wersal ran for associate justice of the Minnesota Supreme Court
Minnesota Supreme Court
The Minnesota Supreme Court is the highest court in the U.S. state of Minnesota and consists of seven members. The court was first assembled as a three-judge panel in 1849 when Minnesota was still a territory. The first members were lawyers from outside of the region who were appointed by...

. He distributed literature critical of several Minnesota Supreme Court decisions. An ethics complaint was filed against him; however, the board which was to review the complaint dismissed the charges and cast doubt upon the constitutionality
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...

 of the announce clause.

In 1998, Wersal ran again for the same office; however, this time he preemptively filed suit in Federal District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...

 against Suzanne White, the chairperson of the Minnesota Board on Judicial Standards, charging that the announce clause limited his right to free speech and made a mockery of the election process by denying him the ability to wage a meaningful campaign
Political campaign
A political campaign is an organized effort which seeks to influence the decision making process within a specific group. In democracies, political campaigns often refer to electoral campaigns, wherein representatives are chosen or referendums are decided...

. The Republican Party of Minnesota
Republican Party of Minnesota
The Republican Party of Minnesota is the Minnesota branch of the United States Republican Party. Elected by the party’s state central committee in June 2009, its chairman is Tony Sutton, and its deputy-chairman is Michael Brodkorb.-Early history:...

 joined in the lawsuit, arguing that the restrictions prevented the Party from learning Wersal's views on the issues, and thus opposing or supporting his candidacy.

The district court found that the announce clause did not violate the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...

, Wersal appealed to the United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...

, and they affirmed the district court's decision.

Wersal filed a writ of certiorari to the United States Supreme Court, which was granted.

The decision

In a 5–4 ruling, the Supreme Court reversed the Eighth Circuit Court's ruling and declared Minnesota's announce clause in violation of the First Amendment. Justice Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...

, writing for the majority, found that the standard of there being a compelling state interest, and any restraints being narrowly tailored in order to restrict speech, was not met.

Justices Scalia, Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...

, O’Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...

, Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...

, and Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....

 were in the majority. Justice Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...

 filed a dissenting opinion, in which Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...

, Ginsburg
Ruth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...

, and Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....

 joined. Justice Ginsburg filed a dissenting opinion, in which Stevens, Souter, and Breyer joined.

In a talk at the New York University School of Law on October 11, 2006, retired Justice O'Connor indicated that she regretted her vote. Justice O'Connor suggested she wished she had voted with the minority given the decision's implications for judicial independence.

See also


External links

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