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Will SCOTUS weigh in on canons?

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Indiana Lawyer Rehearing

The Supreme Court of the United States could soon decide if it will take on cases that question Indiana’s judicial canons and whether those types of rules infringe on the free speech rights of seated jurists or those vying for the bench.

On Jan. 14, the Indiana attorney general’s office filed a brief with the high court in Torrey Bauer, David Certo, and Indiana Right to Life v. Randall T. Shepard, et al., No. 09-2963, urging the justices not to hear the case. That request came about four months after Terre Haute attorney James Bopp asked the court to grant certiorari in a case that centers on judicial candidates’ concerns about how state canons restrict their answering of survey questions.

U.S. Judge Theresa Springmann dismissed the case and upheld the canons, and the 7th Circuit last summer ruled that the state judicial canons aren’t unconstitutionally restrictive of free speech and should stand.

A three-judge appellate panel relied on a related ruling from June in The Hon. John Siefert v. James C. Alexander, et al., No. 09-1713, in upholding the Indiana canons, and the full Circuit declined to revisit that ruling despite some disagreement among the judges. Bopp appealed to the SCOTUS in September and the state waived its right to respond, but the high court in November asked the state AG to respond to the certiorari petition.

The AG’s brief argues that Bopp “may hope to use this case to deregulate judicial election campaigns, but the decision below written by Chief Judge Easterbrook provides little reason for the Court to become involved. The Seventh Circuit, examining common, time-tested restrictions on judicial speech, reached the same unremarkable First Amendment conclusions as nearly all courts.”

The state contends that abstract tension among lower courts about proper legal standards do not justify review, and that when no District or Circuit court conflict exists under precedent, the SCOTUS shouldn’t interfere.

A docket entry shows that justices plan to discuss the case during a private conference Feb. 18, but that isn’t guaranteed and no timeline exists for when a decision must be made. Bopp has also filed a certiorari petition in the Siefert case, and the docket shows that case is scheduled for discussion the same day as Bauer.

Rehearing "7th Circuit upholds Indiana's judicial cannons" IL Sept. 1-14, 2010

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  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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