[EL] Amicus Brief in Democratic Party of Wisconsin v. Vos

[Herman, Andrew]

For those who have been following the litigation in Wisconsin about the legislation passed after the 2018 election to restrict the powers of the Governor and AG (Democratic Party of Wisconsin v. Vos<https://www.law360.com/cases/5c6efbe7fb92c30aa7155b4e>), we are planning to file an amicus brief on behalf of professors and experts in support of the motion for preliminary injunction.  Our brief argues that the court should apply exacting scrutiny to the harms inflicted by the legislation at issue.  Under the First Amendment, we argue that voting is speech and any after-the-fact restriction on the value of that political expression is subject to exacting scrutiny.  We also argue that political entrenchment is a constitutional harm and the court should apply exacting scrutiny to that harm.  If any of the esteemed scholars on this listserv would consider joining, please email me at aherman at milchev.com<mailto:aherman at milchev.com> for a copy of the current draft.   Our deadline is Thursday evening.

Thanks very much,


Andrew D. Herman
Member | Miller & Chevalier Chartered
aherman at milchev.com<mailto:aherman at milchev.com> | 202.626.5869



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