Thaddeus Jones, et al. v. Michelle Markiewicz-Qualkinbush, et al.
DueProcess FirstAmendment
Whether the reasoning and decision of Engquist v. Oregon Department of Agriculture extends to the political context, precluding class-of-one equal protection claims
QUESTIONS PRESENTED 1. Whether the reasoning and decision of Engquist v. Oregon Department of Agriculture, 553 U.S. 591 (2008), extends to the political context, where political animus is the basis for a class-of-one equal protection cause of action, thereby exempting or precluding such class-of-one equal protection causes of action. 2. Whether a facially-neutral statute, when purposefully utilized by a municipality as a “political dirty trick” to preclude an individual citizen’s competing referendum question from appearing on the ballot, is unconstitutional as applied, as it infringes on citizens’ First Amendment rights, and therefore requires a strict scrutiny analysis.