Legal Opinion

Clements v. Fashing

Supreme Court of the United States

Decided September 9, 1982No. 80-1290PublishedCited by 736 opinions

1Opinion of the CourtJustice Rehnquist, joined by The Chief Justice, Justice Powell, and Justice O’Connor

Appellees in this case challenge two provisions of the Texas Constitution that limit a public official’s ability to become a candidate for another public office. The primary question in this appeal is whether these provisions violate the Equal Protection Clause of the Fourteenth Amendment.

*960h-H

Article III, § 19, of the Texas Constitution provides:

“No judge of any court, Secretary of State, Attorney General, clerk of any court of record, or any person holding a lucrative office under the United States, or this State, or any foreign government shall during the term for which he is elected or…

2Cases cited26 opinions

  1. Broadrick v. OklahomaSupreme Court of the United States · 1973
  2. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  3. McGowan v. MarylandSupreme Court of the United States · 1961
  4. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  5. Massachusetts Board of Retirement v. MurgiaSupreme Court of the United States · 1976

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3Cited by736 opinions

  1. Anderson v. CelebrezzeSupreme Court of the United States · 1983
  2. Dinkins v. StateCourt of Criminal Appeals of Texas · 1995
  3. Northeastern Florida Chapter of the Associated General Contractors of America v. City of JacksonvilleSupreme Court of the United States · 1993
  4. Randall v. ScottCourt of Appeals for the Eleventh Circuit · 2010
  5. U. S. Term Limits, Inc. v. ThorntonSupreme Court of the United States · 1995

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