Legal Opinion

Bauer v. Shepard

Court of Appeals for the Seventh Circuit

Decided August 20, 2010No. 09-2963PublishedCited by 71 opinions

1Opinion of the Court

EASTERBROOK, Chief Judge.

The Supreme Court held in Republican Party of Minnesota v. White, 536 U.S. 765, 122 S.Ct. 2528, 153 L.Ed.2d 694 (2002)(White I), that elected judges, and candidates for judicial office, have a right under the first amendment to declare their legal views to the electorate during their campaigns. The decision left open myriad questions of implementation, and litigation has ensued across the country in those states that give the voters some say in choosing judges — either through direct election or by retention votes on judges who came to office by appointment. Recently…

2Cases cited33 opinions

  1. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  2. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  3. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  4. Roe v. WadeSupreme Court of the United States · 1973
  5. Broadrick v. OklahomaSupreme Court of the United States · 1973

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3Cited by71 opinions

  1. Rhonda Ezell v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2011
  2. Cyril Korte v. HHSCourt of Appeals for the Seventh Circuit · 2013
  3. American Civil Liberties Union of Ill. v. AlvarezCourt of Appeals for the Seventh Circuit · 2012
  4. Hummel v. St. Joseph County Board of CommissionersCourt of Appeals for the Seventh Circuit · 2016
  5. Robert McKay v. William FederspielCourt of Appeals for the Sixth Circuit · 2016

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