Legal Opinion

Ernest N. Morial v. Judiciary Commission of the State of Louisiana

Court of Appeals for the Fifth Circuit

Decided December 13, 1977No. 77-1491PublishedCited by 146 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge:

In this appeal, we are asked to rule upon the constitutionality of a Louisiana statute and canon of judicial ethics which have the effect of requiring a judge to resign his seat on the bench in order to run for elective non-judicial office. The issue is one which implicates important interests in political participation and equally important ones in the impartial administration of justice. Upon full consideration of the very difficult and perplexing questions presented, we conclude that the challenged statute and canon are constitutional and, therefore, reverse the…

2Cases cited43 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  3. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  4. Perry v. SindermannSupreme Court of the United States · 1972
  5. Buckley v. ValeoSupreme Court of the United States · 1976

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3Cited by146 opinions

  1. Randall v. ScottCourt of Appeals for the Eleventh Circuit · 2010
  2. KINNETT DAIRIES, INC., Plaintiff-Appellee, v. J. C. FARROW, Etc., Et Al., Defendants-Appellants, Flav-O-Rich, Inc., Intervenor-AppellantCourt of Appeals for the Fifth Circuit · 1978
  3. Kennecott Corp. v. SmithCourt of Appeals for the Third Circuit · 1980
  4. Micah Phillips v. City of DallasCourt of Appeals for the Fifth Circuit · 2015
  5. James M. Scott, Jr. v. Robert C. FlowersCourt of Appeals for the Fifth Circuit · 1990

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