Eighth Circuit Strikes Down Two More Minnesota
Judicial Conduct Rules in White Case
Today, sitting en banc, the Eighth Circuit decided Republican
Party of Minnesota v. White, on remand from the Supreme Court. In
its opinion,
the Eighth Circuit struck down the "partisan activities clause" (see
page 8 of the opinion) and the "solicitation clause" (see page 9). The
dissent by Judge Gibson relied upon the McConnell case and
Richard Briffault's very interesting article on White in the
recent Penn Law Review symposium in arguing for the upholding of these
provisions.
Howard Bashman links to the earlier opinions in the case here.
--
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
Los Angeles, CA 90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org