Legal Opinion

Hand v. Scott

District Court, N.D. Florida

Decided February 1, 2018No. Case No. 4:17cv128–MW/CASPublishedCited by 9 opinions

1Opinion of the Court

But Florida does not use the least-restrictive means to pursue its interests in preventing possibly irresponsible citizens from choosing their leaders. "[E]ven when pursuing a legitimate interest, a State may not choose means that unnecessarily restrict constitutionally protected liberty." Kusper , 414 U.S. at 58-59, 94 S.Ct. 303. "[W]e have required that States adopt the least drastic means to achieve their ends." Ill. State Bd. of Elections v. Socialist Workers Party , 440 U.S. 173, 185, 99 S.Ct. 983, 59 L.Ed.2d 230 (1979).

Florida's vote-restoration scheme is crushingly restrictive. The…

2Cases cited38 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Marbury v. MadisonSupreme Court of the United States · 1803
  3. FW/PBS, Inc. v. City of DallasSupreme Court of the United States · 1990
  4. Rosenberger v. Rector & Visitors of University of VirginiaSupreme Court of the United States · 1995
  5. Anderson v. CelebrezzeSupreme Court of the United States · 1983

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3Cited by9 opinions

  1. People v. RamseyAppellate Court of Illinois · 2019
  2. State ex rel. Spung v. EvnenNebraska Supreme Court · 2024
  3. Common Cause Ind. v. Marion Cnty. Election Bd.District Court, S.D. Indiana · 2018
  4. State ex rel. Spung v. EvnenNebraska Supreme Court · 2024
  5. COURTHOUSE NEWS SERVICE v. FORMANDistrict Court, N.D. Florida · 2022

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