No. 19-458

John Schickel, et al. v. George C. Troutman, et al.

Lower Court: Sixth Circuit
Docketed: 2019-10-07
Status: Denied
Type: Paid
Tags: campaign-finance campaign-speech civil-rights due-process first-amendment fourteenth-amendment free-speech legislative-ethics standing strict-scrutiny
Key Terms:
FirstAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Whether incumbents and candidates for political office have standing to assert First and Fourteenth Amendment claims

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether incumbents and candidates for political office have standing to assert First and Fourteenth Amendment claims regarding: 1) pure campaign speech restrictions that prohibit others from soliciting support to their campaign, and 11) combined legislative ethics and campaign finance restrictions that prohibit certain other persons from associating with those campaigns and candidates through, among other things, campaign donations? 2. Whether this Court should overrule the Buckley v. Valeo “closely drawn” scrutiny framework and apply strict scrutiny to First and Fourteenth Amendment claims involving combined legislative ethics and campaign finance restrictions which are, in actuality, speech restrictions? 3. Even if Buckley v. Valeo is not overruled, should strict scrutiny nevertheless be applied where campaign speech restrictions as well as combined legislative ethics and campaign finance restrictions violate fundamental rights, and otherwise make impermissible classifications based on the exercise of fundamental rights? 4. Whether the challenged Kentucky campaign speech restrictions and combined legislative ethics and campaign finance restrictions survive whatever level of scrutiny the Court deems applicable under the First and Fourteenth Amendments?

Docket Entries

2019-12-09
Petition DENIED.
2019-11-20
DISTRIBUTED for Conference of 12/6/2019.
2019-11-18
Reply of petitioners John Schickel, et al. filed.
2019-11-06
Brief of respondents George C. Troutman, et al. in opposition filed.
2019-10-03
Petition for a writ of certiorari filed. (Response due November 6, 2019)
2019-07-30
Response to application from respondent Kentucky Legislative Ethics Commission, dated July 24, 2019, received.
2019-07-22
Application (19A69) denied by Justice Sotomayor.
2019-07-12
Application (19A69) to extend the time to file a petition for a writ of certiorari from October 9, 2019 to December 8, 2019, submitted to Justice Sotomayor.

Attorneys

George C. Troutman, et al.
La Tasha Arnae BucknerKentucky Office of the Attorney General, Respondent
La Tasha Arnae BucknerKentucky Office of the Attorney General, Respondent
John Schickel, et al.
Robert Albert Winter Jr.The Law Office of Robert A. Winter, Jr., Petitioner
Robert Albert Winter Jr.The Law Office of Robert A. Winter, Jr., Petitioner