Republican Party of Minnesota v. White

Last updated
Republican Party of Minnesota v. White
Seal of the United States Supreme Court.svg
Argued March 26, 2002
Decided June 27, 2002
Full case name Republican Party of Minnesota, et al., Petitioners v. Suzanne White, Chairperson, Minnesota Board of Judicial Standards, et al.
Docket nos. 01-521
Citations 536 U.S. 765 ( more )
122 S. Ct. 2528; 153 L. Ed. 2d 694; 2002 U.S. LEXIS 4883; 70 U.S.L.W. 4720; 15 Fla. L. Weekly Fed. S 518
Argument Oral argument
Opinion announcement Opinion announcement
Prior history Judgment for defendants, 63 F. Supp. 2d 967 (Minn. 1999); affirmed, 247 F.3d 854 (8th Cir. 2001); cert. granted, 534 U.S. 1054 (2001)
Holding
"Announce clauses" of judicial ethics codes which prohibit judicial candidates from announcing their views on how disputed legal or political issues be decided are unconstitutional.
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens  · Sandra Day O'Connor
Antonin Scalia  · Anthony Kennedy
David Souter  · Clarence Thomas
Ruth Bader Ginsburg  · Stephen Breyer
Case opinions
Majority Scalia, joined by Rehnquist, O'Connor, Kennedy, Thomas
Concurrence O'Connor
Concurrence Kennedy
Dissent Stevens, joined by Souter, Ginsburg, Breyer
Dissent Ginsburg, joined by Stevens, Souter, Breyer
Laws applied
U.S. Const. amend. I; Minnesota Code of Judicial Conduct 5(A)(3)(d)(i)

Republican Party of Minnesota v. White, 536 U.S. 765 (2002), was a decision of the Supreme Court of the United States regarding the First Amendment rights of candidates for judicial office. In a 54 decision, the court ruled that Minnesota's announce clause, which forbade candidates for judicial office from announcing their views on disputed legal and political issues, was unconstitutional.

Supreme Court of the United States Highest court in the United States

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a narrow range of cases, including suits between two or more states and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions.

First Amendment to the United States Constitution Law guaranteeing freedom of speech, religion, assembly, press and petitions and prohibiting establishment of an official religion

The First Amendment to the United States Constitution prevents the government from making laws which respect an establishment of religion, prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the right to peaceably assemble, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.

Contents

Background

Minnesota, like many states, had a code of judicial ethics [1] that constrained candidates seeking to be elected as judges from discussing issues that could come before them if elected and announcing their viewsreferred to as an "announce clause."

Minnesota State of the United States of America

Minnesota is a state in the Upper Midwest, Great Lakes, and northern regions of the United States. Minnesota was admitted as the 32nd U.S. state on May 11, 1858, created from the eastern half of the Minnesota Territory. The state has a large number of lakes, and is known by the slogan the "Land of 10,000 Lakes". Its official motto is L'Étoile du Nord.

Ethics branch of philosophy that systematizes, defends, and recommends concepts of right and wrong conduct

Ethics or moral philosophy is a branch of philosophy that involves systematizing, defending, and recommending concepts of right and wrong conduct. The field of ethics, along with aesthetics, concerns matters of value, and thus comprises the branch of philosophy called axiology.

In 1996, Gregory Wersal ran for associate justice of the Minnesota Supreme Court. 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 of the announce clause.

Minnesota Supreme Court the highest court in the U.S. state of Minnesota

The Minnesota Supreme Court is the highest court in the U.S. state of Minnesota. The court hears cases in the Supreme Court chamber in the Minnesota State Capitol or in the nearby Minnesota Judicial Center.

Constitutionality is the condition of acting in accordance with an applicable constitution; the status of a law, a procedure, or an act's accordance with the laws or guidelines set forth in the applicable constitution. When one of these directly violates the constitution, it is unconstitutional. All the rest are considered constitutional until challenged and declared otherwise, typically by courts through judicial review.

In 1998, Wersal ran again for the same office. However, this time he preemptively filed suit in Federal District Court against Suzanne White, the chairperson of the Minnesota Board on Judicial Standards. Wersal charged 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. The Republican Party of Minnesota joined in Wersal's lawsuit, arguing that the restrictions prevented the Party from learning Wersal's views on the issues, and thus making an informed decision to oppose or support his candidacy.

United States district court type of court of the United States federal court system

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 district court. Each federal judicial district has at least one courthouse, and many districts have more than one. The formal name of a district court is "the United States District Court for" the name of the district—for example, the United States District Court for the Eastern District of Missouri.

Political campaign attempt to influence the decision making process within a specific group

A political campaign is an organized effort which seeks to influence the decision making progress within a specific group. In democracies, political campaigns often refer to electoral campaigns, by which representatives are chosen or referendums are decided. In modern politics, the most high-profile political campaigns are focused on general elections and candidates for head of state or head of government, often a president or prime minister.

Republican Party of Minnesota Political party in Minnesota, United States

The Republican Party of Minnesota is a conservative political party in the U.S. state of Minnesota. It is affiliated with the United States Republican Party.

The district court found that the announce clause did not violate the Constitution. Wersal appealed to the United States Court of Appeals for the Eighth Circuit, and they affirmed the district court's decision. Wersal then filed for a writ of certiorari to the United States Supreme Court, which was granted.

United States Constitution Supreme law of the United States of America

The United States Constitution is the supreme law of the United States. The Constitution, originally comprising seven articles, delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ; the executive, consisting of the President ; and the judicial, consisting of the Supreme Court and other federal courts. Articles Four, Five and Six embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article Seven establishes the procedure subsequently used by the thirteen States to ratify it. It is regarded as the oldest written and codified national constitution in force.

United States Court of Appeals for the Eighth Circuit

The United States Court of Appeals for the Eighth Circuit is a United States federal court with appellate jurisdiction over the following United States district courts:

The decision

In a 54 ruling, the Supreme Court reversed the Eighth Circuit and declared Minnesota's announce clause to be in violation of the First Amendment. The Court reasoned that Minnesota's announce clause "burden[ed] a category of speech that is at the core of First Amendment freedoms -- speech about the qualifications of candidates for public office." The Court concluded that the announce clause was not narrowly tailored to serve the state's compelling interest in judicial impartiality and therefore failed the test of strict scrutiny.

Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to determine which is weightier, a constitutional right or principle or the government's interest against observance of the principle. The lesser standards are rational basis review and exacting or intermediate scrutiny. These standards are used to test statutes and government action at all levels of government within the United States.

Post-decision

In 2006, a retired Justice O'Connor expressed concern about her vote in the White case, stating "That (Minnesota) case, I confess, does give me pause." [2]

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References

  1. See generally, ABA Model Code of Judicial Conduct (2004); Minnesota Code of Judicial Conduct (2006).See also, in specific, ABA Model Code of Judicial Conduct (1972), Canon 7(B); Minnesota Code of Judicial Conduct (2000) Canon 5(A)(3)(d)(i).
  2. Egelko, Bob (4 November 2006). "Former justice warns of threat to judiciary / O'Connor tells of political assault on court's autonomy". San Francisco Chronicle. Retrieved 30 April 2015.