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Tuesday, November 13, 2007

Ind. Decisions - Still more on: 7th Circuit dismisses challenge to Indiana canons of judicial ethics

On Friday, Oct. 26th, the 7th Circuit issued a significant decision in the case of Right to Life v. Randall T. Shepard. (For background, start with this ILB entry from Nov. 2nd.) Today, James Bopp Jr., attorney for Right to Life, has issued a press release headed "Indiana Right to Life Seeks En Banc Review of Judicial Canons Challenge". Some quotes:

Last Friday, Indiana Right to Life requested the Seventh Circuit to review the panel decision in Indiana Right to Life v. Shepard, which dismissed Indiana Right to Life's claims against a judicial canon, stating that no judicial candidate want to answer Right to Life's questionnaire and that only judicial candidates who had violated the rule could bring such a challenge. The rule Indiana Right to Life had challenged prohibited judicial candidates from making "pledges and promises" and from "committing or appearing to commit" on a case, controversy, or issue likely to come before them. * * *

According to James Bopp, Jr., lead counsel for the plaintiffs, "the Seventh Circuit's decision is contrary to precedent in the Seventh Circuit, other circuits, and even the United States Supreme Court; it allows these rules to stand unchallenged unless a candidate expressly violates them and ignores clear evidence showing that judicial candidates are interested in answering the questionnaire.” Bopp argued the case challenging the Minnesota judicial rule struck down by the U.S. Supreme Court in Republican Party of Minnesota v. White, 536 U.S. 765 (2002).

Posted by Marcia Oddi on November 13, 2007 01:39 PM
Posted to Ind. (7th Cir.) Decisions