Legal Opinion
California Democratic Party v. Lungren
District Court, N.D. California
Decided March 15, 1996No. C-94-1703PublishedCited by 6 opinions
1Opinion of the Court
OPINION AND ORDER
ORRICK, District Judge.
Article II, section 6(b) of the Constitution of the State of California bars party endorsements of candidates for so-called nonpartisan elective offices. The question raised by cross-motions for summary judgment now before the Court is whether section 6(b) vio lates the First Amendment to the Constitution of the United States. The Court holds that it does, and for the reasons set forth herein grants plaintiffs’ motion and denies defendants’ motion.
I
The efforts exerted by both parties to get the basic question of section 6(b)’s constitutionality settled…
2Cases cited25 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Roe v. WadeSupreme Court of the United States · 1973
- Buckley v. ValeoSupreme Court of the United States · 1976
- Reynolds v. SimsSupreme Court of the United States · 1964
- Roth v. United StatesSupreme Court of the United States · 1957
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3Cited by6 opinions
- Kunde v. SeilerCalifornia Court of Appeal · 2011
- Republican Party of Minnesota v. KellyDistrict Court, D. Minnesota · 1999
- Republican Party of Minnesota v. KellyCourt of Appeals for the Eighth Circuit · 2001
- Partnoy v. ShelleyDistrict Court, S.D. California · 2003
- 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. Verna Kelly, in Her Capacity as Chairperson of the Minnesota Board of Judicial Standards, or Her Successor, Barry M. Lazarus, in His Capacity as Chairperson of the Minnesota Board of Judicial Standards, or His 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, as 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. Verna Kelly, in Her Capacity as Chairperson of the Minnesota Board of Judicial Standards, or Her Successor, Barry M. Lazarus, in His Capacity as Chairperson of the Minnesota Board of Judicial Standards, or His Successor Edward J. Cleary, in His Capacity as Director of the Minnesota Office of Lawyers Professional Responsibility, or His 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. Verna Kelly, in Her Capacity as Chairperson of the Minnesota Board of Judicial Standards, or Her Successor Barry M. Lazarus, in His Capacity as Chairperson of the Minnesota Board of Judicial Standards, or His 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 · 2001
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