No. 24-528

Phil Lyman v. Spencer J. Cox, Governor of Utah, et al.

Lower Court: Utah
Docketed: 2024-11-12
Status: Denied
Type: Paid
Amici (1)Response WaivedRelisted (2)
Tags: associational-rights candidate-selection convention-process first-amendment political-party-rights primary-election
Latest Conference: 2025-02-28 (distributed 2 times)
Question Presented (from Petition)

In New York State Bd. Of Elections v. Lopez Torres, 552 U.S. 196 (2008), this Court held:
"a political party has a First Amendment right to limit its membership as it wishes, and to choose a candidate selection process that will in its view produce the nominee who best represents its political platform. These rights are circumscribed, however, when the State gives the party a role in the election process — as New York has done here by giving certain parties the right to have their candidates appear with party endorsement on the general-election ballot."

As in Torres, the Utah Republican Party's associational rights are at issue "only as a shield and not as a sword." No Utah law prohibits a candidate from attending a political party convention and seeking to persuade the delegates to support him.

Did the Utah Supreme Court run afoul of this Court's judgment of Torres by concluding that a state can mandate a candidate, who won the political party's nomination through the convention process, to participate in the direct primary because the candidate who lost at convention collected signatures giving the losing candidate a second chance to seek the political party's nomination?

Question Presented (AI Summary)

Did the Utah Supreme Court improperly mandate a convention-nominated candidate to participate in a direct primary after a losing candidate collected signatures to seek the party's nomination?

Docket Entries

2025-03-03
Rehearing DENIED.
2025-02-12
DISTRIBUTED for Conference of 2/28/2025.
2025-02-04
2025-01-13
Petition DENIED.
2024-12-18
DISTRIBUTED for Conference of 1/10/2025.
2024-12-13
Application (24A529) denied by Justice Gorsuch.
2024-12-11
Amicus brief of Trent Staggs, Kris Kimball, and 216 Utah Convention Delegates, and Republicans, et. al. submitted.
2024-12-11
2024-12-10
Waiver of right of respondent Lt. Gov. Deidre Henderson to respond filed.
2024-12-04
Waiver of right of respondent Spencer J. Cox to respond filed.
2024-11-21
Application (24A529) for injunction pending review and disposition of the petition for a writ of certiorari, submitted to Justice Gorsuch.
2024-10-17
Petition for a writ of certiorari filed. (Response due December 12, 2024)

Attorneys

Lt. Gov. Deidre Henderson
Stanford Edward PurserUtah Attorney General's Office, Respondent
Phil Lyman
Phil Lyman — Petitioner
Spencer J. Cox
Jacey SkinnerBallard Spahr LLP, Respondent
Trent Staggs, Kris Kimball, and 216 Utah Convention Delegates, and Republicans, et. al.
Edward Lacy Tarpley Jr.Edward L. Tarpley, Jr. A Professional Law Corp., Amicus