Meyer v. Grant

Last updated
Meyer v. Grant
Seal of the United States Supreme Court.svg
Argued April 25, 1988
Decided June 6, 1988
Full case nameMeyer, Colorado Secretary of State, et al. v. Grant et al.
Citations486 U.S. 414 ( more )
108 S. Ct. 1886; 100 L. Ed. 2d 425; 1988 U.S. LEXIS 2489
Argument Oral argument
Case history
PriorJudgment for defendants, statute upheld, 84-JM-1207 (D. Colo.); affirmed, 741 F.2d 1210, 1211 (10th Cir. 1984); granted rehearing, vacated panel opinion, 780 F.2d 848 (10th Cir. 1985); reversed and remanded, 828 F.2d 1446 (10th Cir. 1987); probable jurisdiction noted, 484 U.S. 1024(1988).
Holding
Paid petition circulation is protected by the First and Fourteenth Amendments.
Court membership
Chief Justice
William Rehnquist
Associate Justices
William J. Brennan Jr.  · Byron White
Thurgood Marshall  · Harry Blackmun
John P. Stevens  · Sandra Day O'Connor
Antonin Scalia  · Anthony Kennedy
Case opinion
MajorityStevens, joined by unanimous
Laws applied
U.S. Const. amends. I, XIV; Colo. Const., Art. V, 1; Colo. Rev. Stat. 1-40-101 to 1-40-119 (1980 and Supp. 1987)

Meyer v. Grant, 486 U.S. 414 (1988), was an important decision by the United States Supreme Court on paid petition circulation. [1] Colorado was one of several states with a process for citizens to propose initiatives for the ballot, which if passed became law. One of the requirements was to get the signatures of a significant number of registered Colorado electors. Colorado prohibited initiative sponsors from paying for the circulation of these petitions. The state argued this was necessary to "protect[...] the integrity of the initiative."

Contents

In 1984, Coloradans for Free Enterprise, an interest group, proposed an initiative to deregulate the motor industry by removing it from the jurisdiction of the Public Utilities Commission. After the title and summary were approved by the state, they began unpaid circulation. They eventually concluded that they would not be able to get the 46,737 required signatures by the deadline. They then filed suit under 42 U.S.C. 1983 against the Secretary of State of Colorado, Natalie Meyer, and the Attorney General of Colorado, Duane Woodard, in their official capacities. The plaintiffs alleged that the Colorado statute infringed on their First Amendment rights. The district court, with Judge John P. Moore sitting, declined to overturn the law, finding that "the evidence did not indicate that plaintiffs were prevented in any way from espousing their cause simply because they could not obtain paid petition circulators." The plaintiffs appealed this decision to the United States Court of Appeals for the Tenth Circuit. Judges James E. Barrett and William Doyle affirmed in a panel opinion. [2] The court granted a rehearing en banc at the plaintiff's request, and vacated the panel's opinion. [3] The full court of appeals reversed and remanded, determining that Colorado's law "impede[d] the sponsors' opportunity to disseminate their views to the public." [4]

The state appealed to the Supreme Court, which heard oral argument on April 25, 1988. The Supreme Court unanimously affirmed the decision, ruling that "the State has failed to demonstrate that it is necessary to burden appellees' ability to communicate their message in order to meet its concerns." [5]

Aftermath

In 2001, a federal court upheld a North Dakota law prohibiting pay-per signatures. [6]

Pay-Per-Signature laws have been held unconstitutional in Idaho, [7] Maine, [8] Mississippi, [9] and Washington. [10]

See also

Related Research Articles

The Alien Tort Statute, also called the Alien Tort Claims Act (ATCA), is a section in the United States Code that gives federal courts jurisdiction over lawsuits filed by foreign nationals for torts committed in violation of international law. Although one of the oldest federal laws still in effect in the U.S., it was rarely used for nearly two centuries after its passage, and its exact purpose and scope remain debated. According to the U.S. Supreme Court, the Act's primary purpose was to "promote harmony in international relations by ensuring foreign plaintiffs a remedy for international-law violations in circumstances where the absence of such a remedy might provoke foreign nations to hold the United States accountable." Since 1980, courts have generally interpreted the ATS to allow foreign nationals to seek remedies in U.S. courts for human rights violations committed outside the United States.

Nonintercourse Act Family of U.S. laws related to Native American tribal rights

The Nonintercourse Act is the collective name given to six statutes passed by the Congress in 1790, 1793, 1796, 1799, 1802, and 1834 to set Amerindian boundaries of reservations. The various Acts were also intended to regulate commerce between settlers and the natives. The most notable provisions of the Act regulate the inalienability of aboriginal title in the United States, a continuing source of litigation for almost 200 years. The prohibition on purchases of Indian lands without the approval of the federal government has its origins in the Royal Proclamation of 1763 and the Confederation Congress Proclamation of 1783.

<i>United States v. Washington</i> 1974 court case

United States v. Washington, 384 F. Supp. 312, aff'd, 520 F.2d 676, commonly known as the Boldt Decision, was a 1974 case heard in the United States District Court for the Western District of Washington and the United States Court of Appeals for the Ninth Circuit. It reaffirmed the reserved right of American Indian tribes in the State of Washington to act alongside the state as co-managers of salmon and other fish, and to continue harvesting them in accordance with the various treaties that the United States had signed with the tribes. The tribes of Washington had ceded their land to the United States but had reserved the right to fish as they had always done, including fishing at their traditional locations that were off the designated reservations.

Under the Noerr–Pennington doctrine, private entities are immune from liability under the antitrust laws for attempts to influence the passage or enforcement of laws, even if the laws they advocate for would have anticompetitive effects. The doctrine is grounded in the First Amendment protection of political speech, and "upon a recognition that the antitrust laws, 'tailored as they are for the business world, are not at all appropriate for application in the political arena.'"

An interlocutory appeal, in the law of civil procedure in the United States, occurs when a ruling by a trial court is appealed while other aspects of the case are still proceeding. Interlocutory appeals are allowed only under specific circumstances, which are laid down by the federal and the separate state courts.

Browder v. Gayle, 142 F. Supp. 707 (1956), was a case heard before a three-judge panel of the United States District Court for the Middle District of Alabama on Montgomery and Alabama state bus segregation laws. The panel consisted of Middle District of Alabama Judge Frank Minis Johnson, Northern District of Alabama Judge Seybourn Harris Lynne, and Fifth Circuit Court of Appeals Judge Richard Rives. The main plaintiffs in the case were Aurelia Browder, Claudette Colvin, Susie McDonald, and Mary Louise Smith. Jeanetta Reese had originally been a plaintiff in the case, but intimidation by segregationists caused her to withdraw in February. She falsely claimed she had not agreed to the lawsuit, which led to an unsuccessful attempt to disbar Fred Gray for supposedly improperly representing her.

<i>Yes on Term Limits v. Savage</i>

Yes on Term Limits v. Savage is a federal lawsuit challenging Oklahoma's residency requirements for petition circulators. On December 18, 2008, a three-judge panel of the United States Court of Appeals for the Tenth Circuit issued a unanimous decision in the case, saying that Oklahoma's residency restriction is an unconstitutional violation of core First Amendment speech rights. The decision of the Tenth Circuit overturns a lower federal court decision.,

<i>Nader v. Brewer</i>

Nader v. Brewer, 531 F.3d 1028 is a 2008 decision by the Ninth Circuit ruling that certain Arizona voting regulations were unconstitutional under the First Amendment to the United States Constitution.

<i>Citizens for Tax Reform v. Deters</i>

Citizens for Tax Reform v. Deters, 518 F.3d 375, was a decision that overturned an Ohio statute that made it a felony to pay petitioners by the signature.

American Foundation for Equal Rights

The American Foundation for Equal Rights (AFER) is a nonprofit organization established in 2009 to support the plaintiffs in Hollingsworth v. Perry, a federal lawsuit challenging California's Proposition 8 under the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. AFER retained former United States Solicitor General Theodore B. Olson and David Boies to lead the legal team representing the plaintiffs challenging Proposition 8.

Buckley v. American Constitutional Law Foundation, Inc., 525 U.S. 182 (1999), was a United States Supreme Court case that dealt with the authority of states to regulate the electoral process, and the point at which state regulations of the electoral process violate the First Amendment freedoms.

<i>American Booksellers Foundation for Free Expression v. Strickland</i>

American Booksellers Foundation for Free Expression v. Strickland, 560 F.3d 443, is a decision of the Sixth Circuit Court of Appeals involving a constitutional challenge—both facially and as-applied to internet communications—to an Ohio statute prohibiting the dissemination or display to juveniles of certain sexually-explicit materials or performances. The Sixth Circuit panel declined to resolve the constitutional issue but, instead, certified two questions to the Ohio Supreme Court regarding the interpretation of the statute. The Ohio Supreme Court answered both questions affirmatively and placed a narrowing construction on the statute. Since the Ohio Supreme Court's decision, the Sixth Circuit has not reheard the case.

Doe v. Reed, 561 U.S. 186 (2010), is a United States Supreme Court case which holds that the disclosure of signatures on a referendum does not violate the Petition Clause of the First Amendment to the United States Constitution.

Citizens for Equal Protection v. Bruning, 455 F.3d 859, was a federal lawsuit filed in the United States District Court for the District of Nebraska and decided on appeal by the United States Court of Appeals for the Eighth Circuit. It challenged the federal constitutionality of Nebraska Initiative Measure 416, a 2000 ballot initiative that amended the Nebraska Constitution to prohibit the recognition of same-sex marriages, civil unions, and other same-sex relationships.

<i>Cook v. Gates</i>

Cook v. Gates, 528 F.3d 42, is a decision on July 9, 2008, of the United States Court of Appeals for the First Circuit that upheld the "Don't ask, Don't tell" (DADT) policy against due process and equal protection Fifth Amendment challenges and a free speech challenge under the First Amendment, and which found that no earlier Supreme Court decision held that sexual orientation is a suspect or quasi-suspect classification.

<i>Adams v. Howerton</i>

Adams v. Howerton, 673 F.2d 1036, cert. denied, 458 U.S. 1111 (1982) is a decision from the United States Court of Appeals for the Ninth Circuit that held that the term "spouse" refers to an opposite-sex partner for the purposes of immigration law and that this definition met the standard at the time for rational basis review. It was the first U.S. lawsuit to seek recognition of a same-sex marriage by the federal government.

<i>Woollard v. Gallagher</i>

Woollard v. Sheridan, 863 F. Supp. 2d 462, reversed sub. nom., Woollard v Gallagher, 712 F.3d 865, was a civil lawsuit brought on behalf of Raymond Woollard, a resident of the State of Maryland, by the Second Amendment Foundation against Terrence Sheridan, Secretary of the Maryland State Police, and members of the Maryland Handgun Permit Review Board. Plaintiffs allege that the Defendants' refusal to grant a concealed carry permit renewal to Mr. Woollard on the basis that he "...ha[d] not demonstrated a good and substantial reason to wear, carry or transport a handgun as a reasonable precaution against apprehended danger in the State of Maryland" was a violation of Mr. Woollard's rights under the Second and Fourteenth Amendments, and therefore unconstitutional. The trial court found in favor of Mr. Woollard, However, the Fourth Circuit Court of Appeals reversed the trial court and the U.S. Supreme Court declined to review that decision.

Same-sex marriage has been legally recognised in the U.S. state of Nebraska since June 26, 2015, when the U.S. Supreme Court in the case of Obergefell v. Hodges ruled the denial of marriage rights to same-sex couples unconstitutional. Following the Court's ruling, the Attorney General of Nebraska announced that the state would comply with the ruling.

<i>Wolf v. Vidal</i>

Wolf v. Vidal, 591 U.S. ___ (2020), was a U.S. Supreme Court cases that was filed to challenge the Trump Administration's rescission of Deferred Action for Childhood Arrivals (DACA). Plaintiffs in the case are DACA recipients who argue that the rescission decision is unlawful under the Administrative Procedure Act and the Fifth Amendment. On February 13, 2018, Judge Garaufis in the Eastern District of New York addressed the question of whether the government offered a legally adequate reason for ending the DACA program. The court found that Defendants did not provide a legally adequate reason for ending the DACA program and that the decision to end DACA was arbitrary and capricious. Defendants have appealed the decision to the Second Circuit Court of Appeals.

Mazurek v. Armstrong, 520 U.S. 968 (1997), was a United States Supreme Court case in which the Court upheld a Montana law permitting only licensed physicians to perform abortions. The Court summarily reversed a ruling of the United States Court of Appeals for the Ninth Circuit that had held that the law was likely intended to inhibit abortion access. In a per curiam opinion, a majority of the Court found that there was no evidence that the Montana legislature acted with an invalid intent. The Court also reiterated its earlier holding in Planned Parenthood v. Casey that the states have broad flexibility to regulate abortion so long as their regulations do not create an undue burden on a woman's right to choose. Three dissenting justices, in an opinion by Justice John Paul Stevens, wrote that they would have declined to hear the case because proceedings were still pending in the lower courts. The law itself was later struck down by the Montana Supreme Court on state-constitutional grounds, but the U.S. Supreme Court's decision has nonetheless had a significant impact on modern American abortion jurisprudence.

References

  1. Meyer v. Grant, 486 U.S. 414 (1988).
  2. Grant v. Meyer, 741F.2d1210 , 1211(10th Cir.1984).
  3. Grant v. Meyer, 780F.2d848 (10th Cir.1985).
  4. Grant v. Meyer, 828F.2d1446 (10th Cir.1987).
  5. Meyer, 486 U.S. at 426.
  6. Initiative & Referendum Institute v. Jaeger, 241F.3d614 (8th Cir.2001).
  7. Coalition United for Bears v. Cenarrusa, 234F. Supp. 2d1159 (D. Idaho2001).
  8. On Our Terms ’97 PAC v. Secretary of State of State of Maine, 101F. Supp. 2d19 (D. Me.1999).
  9. Term Limits Leadership Council v. Clark, 984F. Supp.470 (S.D. Miss.1997).
  10. LIMIT v. Maleng, 874F. Supp.1138 (D. Wash.1994).