Legal Opinion
Republican Party of Minnesota v. Kelly
Court of Appeals for the Eighth Circuit
Decided April 30, 2001No. 99-4021, 99-4025 and 99-4029PublishedCited by 12 opinions
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge.
The issue before us in this appeal is whether Canon 5 of the Minnesota Code of Judicial Conduct, a rule promulgated by the Supreme Court of Minnesota tq deal with political activity deemed inappropriate to judicial office, violates the First and Fourteenth Amendments of the United States Constitution. Canon 5 restricts candidates for judicial office from attending and speaking at partisan political gatherings; identifying their membership in a political party; seeking, accepting, or using a political party endorsement; announcing their views on disputed legal and…
2Cases cited60 opinions
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- Buckley v. ValeoSupreme Court of the United States · 1976
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
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3Cited by12 opinions
- North Dakota Family Alliance, Inc. v. BaderDistrict Court, D. North Dakota · 2005
- Cleveland Metro. Bar Assn. v. Morton (Slip Opinion)Ohio Supreme Court · 2021
- REPUBLICAN PARTY OF MINNESOTA, AN ASSOCIATION INDIAN ASIAN AMERICAN REPUBLICANS OF MINNESOTA, AN ASSOCIATION REPUBLICAN SENIORS, AN ASSOCIATION YOUNG REPUBLICAN LEAGUE OF MINNESOTA, a MINNESOTA NONPROFIT CORPORATION MINNESOTA COLLEGE REPUBLICANS, AN ASSOCIATION, — GREGORY F. WERSAL, INDIVIDUALLY, CHERYL L. WERSAL, INDIVIDUALLY MARK E. WERSAL, INDIVIDUALLY CORWIN C. HULBERT, INDIVIDUALLY, — CAMPAIGN FOR JUSTICE, AN ASSOCIATION, MINNESOTA AFRICAN AMERICAN REPUBLIC COUNCIL, AN ASSOCIATION, — MUSLIM REPUBLICANS, AN ASSOCIATION MICHAEL MAXIM, INDIVIDUALLY KEVIN J. KOLOSKY, INDIVIDUALLY v. SUZANNE WHITE, IN HER CAPACITY AS CHAIRPERSON OF THE MINNESOTA BOARD OF JUDICIAL STANDARDS, OR HER SUCCESSOR EDWARD J. CLEARY, IN HIS CAPACITY AS DIRECTOR OF THE MINNESOTA OFFICE OF LAWYERS PROFESSIONAL RESPONSIBILITY, OR HIS SUCCESSOR CHARLES E. LUNDBERG, IN HIS CAPACITY AS CHAIR OF THE MINNESOTA LAWYERS PROFESSIONAL RESPONSIBILITY BOARD, OR HIS SUCCESSOR, — MINNESOTA CIVIL LIBERTIES UNION, AMICUS ON BEHALF OF THE MINNESOTA STATE BAR ASSOCIATION, AMICUS ON BEHALF OF REPUBLICAN PARTY OF MINNESOTA, AN ASSOCIATION INDIAN ASIAN AMERICAN REPUBLICANS OF MINNESOTA, AN ASSOCIATION REPUBLICAN SENIORS, AN ASSOCIATION YOUNG REPUBLICAN LEAGUE OF MINNESOTA, a MINNESOTA NONPROFIT CORPORATION MINNESOTA COLLEGE REPUBLICANS, AN ASSOCIATION MINNESOTA AFRICAN AMERICAN REPUBLIC COUNCIL, AN ASSOCIATION CHERYL L. WERSAL, INDIVIDUALLY MARK E. WERSAL, INDIVIDUALLY CORWIN C. HULBERT, INDIVIDUALLY GREGORY F. WERSAL, INDIVIDUALLY CAMPAIGN FOR JUSTICE, AN ASSOCIATION MUSLIM REPUBLICANS, AN ASSOCIATION, MICHAEL MAXIM, INDIVIDUALLY, — KEVIN J. KOLOSKY, INDIVIDUALLY v. SUZANNE WHITE, IN HER CAPACITY AS CHAIRPERSON OF THE MINNESOTA BOARD OF JUDICIAL STANDARDS, OR HER SUCCESSOR EDWARD J. CLEARY, IN HIS CAPACITY AS DIRECTOR OF THE MINNESOTA OFFICE OF LAWYERS PROFESSIONAL RESPONSIBILITY, OR HIS SUCCESSOR CHARLES E. LUNDBERG, IN HIS CAPACITY AS CHAIR OF THE MINNESOTA LAWYERS PROFESSIONAL RESPONSIBILITY BOARD, OR HIS SUCCESSOR, — THE MINNESOTA STATE BAR ASSOCIATION, AMICUS ON BEHALF OF REPUBLICAN PARTY OF MINNESOTA, AN ASSOCIATION INDIAN ASIAN AMERICAN REPUBLICANS OF MINNESOTA, AN ASSOCIATION REPUBLICAN SENIORS, AN ASSOCIATION YOUNG REPUBLICAN LEAGUE OF MINNESOTA, a MINNESOTA NONPROFIT CORPORATION MINNESOTA COLLEGE REPUBLICANS, AN ASSOCIATION, GREGORY F. WERSAL, INDIVIDUALLY, — CHERYL L. WERSAL, INDIVIDUALLY MARK E. WERSAL, INDIVIDUALLY CORWIN C. HULBERT, INDIVIDUALLY CAMPAIGN FOR JUSTICE, AN ASSOCIATION — MINNESOTA AFRICAN AMERICAN REPUBLIC COUNCIL, AN ASSOCIATION MUSLIM REPUBLICANS, AN ASSOCIATION MICHAEL MAXIM, INDIVIDUALLY KEVIN J. KOLOSKY, INDIVIDUALLY, — v. SUZANNE WHITE, IN HER CAPACITY AS CHAIRPERSON OF THE MINNESOTA BOARD OF JUDICIAL STANDARDS, OR HER SUCCESSOR EDWARD J. CLEARY, IN HIS CAPACITY AS DIRECTOR OF THE MINNESOTA OFFICE OF LAWYERS PROFESSIONAL RESPONSIBILITY, OR HIS SUCCESSOR CHARLES E. LUNDBERG, IN HIS CAPACITY AS CHAIR OF THE MINNESOTA LAWYERS PROFESSIONAL RESPONSIBILITY BOARD, OR HIS SUCCESSOR, — THE MINNESOTA STATE BAR ASSOCIATION, AMICUS ON BEHALF OfCourt of Appeals for the Eighth Circuit · 2004
- Duwe v. AlexanderDistrict Court, W.D. Wisconsin · 2007
- In Re the Code of Judicial ConductSupreme Court of Minnesota · 2002
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