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Appellate Advocacy Keyed to Meador, 2nd Ed.
Republican Party of Minnesota v. White
Citation:
536 U.S. 765 (2002)Facts
Since Minnesota’s admission to the Union in 1858, the state has selected its judges through popular elections. In 1974, Minnesota adopted the “announce clause,” which prohibited candidates for judicial office from announcing their views on disputed legal or political issues. Gregory Wersal ran for associate justice of the Minnesota Supreme Court in 1996 and distributed literature criticizing several Minnesota Supreme Court decisions on issues such as crime, welfare, and abortion. After a complaint was filed against him, Wersal withdrew from the race due to concerns about his ability to practice law if disciplined. In 1998, Wersal ran again and sought an advisory opinion from the Lawyers Board regarding enforcement of the announce clause. When the Board responded equivocally, Wersal filed a lawsuit seeking a declaration that the announce clause violated the First Amendment and an injunction against its enforcement. Wersal alleged that he was forced to refrain from announcing his views during his campaign out of concern that he might violate the clause. The Republican Party of Minnesota joined as a plaintiff, arguing that the clause prevented them from learning Wersal’s views to decide whether to support his candidacy.
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