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
Key Terms:
FirstAmendment
Latest Conference: 2025-02-28 (distributed 2 times)
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?

Question Presented (OCR Extract)

Question(s) Presented 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 im 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? . [ GavigoaF \ AAT wet ie. he | pe, PN Date.

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
Stanford Edward PurserUtah Attorney General's Office, Respondent
Phil Lyman
Phil Lyman — Petitioner
Phil Lyman — Petitioner
Spencer J. Cox
Jacey SkinnerBallard Spahr LLP, Respondent
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
Edward Lacy Tarpley Jr.Edward L. Tarpley, Jr. A Professional Law Corp., Amicus