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Wednesday, September 12, 2007

Ind Decisions - Challenge to Indiana judicial canons goes before 7th Circuit

This Friday, Sept. 14th at 9:30 am, oral arguments before the 7th Circuit in the case of Indiana Right Life v. Shepard (06-4333).

Access the briefs here.

For background, see this ILB entry from Nov. 14, 2006, and this one from Jan. 7, 2007, plus related links.

The statement of the issues from the appellant's brief:

1. Whether a political-interest group wishing to survey judicial candidates concerning legal rights to abortion, assisted suicide, and related issues—or a voter wishing to review the results of that survey—has standing to challenge Canons prohibiting judicial candidates from pledging, promising, or committing themselves with respect to cases or issues likely to come before them as judges when there are no candidates willing to respond to the survey who feel constrained by the Canons from doing so.

2. Whether, under the First Amendment standard set forth in Republican Party of Minn. v. White, 536 U.S. 765 (2002), a State may protect the due-process rights of litigants by prohibiting judges and judicial candidates from pledging, promising, or committing themselves with respect to cases or issues likely to come before them as judges.

An MP3 of the oral argument should be available via this link sometime Friday and thereafter. Enter "06-4333" at that time.

[Thanks to Ed Feigenbaum's Indiana Daily Insight for the heads up.]

Posted by Marcia Oddi on September 12, 2007 06:18 AM
Posted to Ind Fed D.Ct. Decisions | Ind. (7th Cir.) Decisions