Randolph Wolfson v. Colleen Concannon

Given Williams-Yulee v. Florida Bar, — U.S. -, 135 S.Ct. 1656, 191 L.Ed.2d 570 (2015), I am in general agreement with Judge Gould’s opinion for the en banc court (“main opinion”). There are two points, however, as to which the main opinion is terse, at best, and which therefore, in my view, deserve further exploration.

First, I concurred in the panel opinion to highlight my concern about articulating the governmental interests at stake in regulating judicial elections, and write separately here, too, to reiterate the same concern. Wolf son v. Concannon, 750 F.3d 1145, 1160 (9th Cir.2014)…