The technical legal question before the Court in Nevada Comm’n on Ethics v. Carrigan, No. 10-568 (June 13, 2011) was whether legislative voting by an elected official was “speech” and if so, whether the First Amendment allowed him to vote for a casino development proposal in which his campaign manager and personal friend was
Municipal & Local Govt law
SCOTUS: Legislative Voting Is Not “Speech,” State May Require Recusal For Legislators’ Conflicts Of Interest
This just in.
In a case we’ve followed closely, the U.S. Supreme Court has concluded that Nevada’s Ethics in Government Law is not unconstitutionally overbroad, and that a state may regulate apparent conflicts of interest in legislative voting without infringing upon an elected official’s First Amendment speech rights.
In an opinion by Justice Scalia…
Op-Ed On SCOTUS Carrigan Case: Do Elected Officials With a Conflict of Interest Have a Right to Vote Anyway?
Today, Honolulu Civil Beat features our piece on Nevada Comm’n on Ethics v. Carrigan, “Do Elected Officials With a Conflict of Interest Have a Right to Vote Anyway?“
We’ve written about the case recently in the Zoning & Planning Law Reporter (Supreme Court Preview: Voting as Speech When a Government Official …
Two Wolves And A Lamb Decide On Dinner
Civil Beat‘s recent story “Mayor, City Council Move Closer to Litigation on Rail” details the potential lawsuit over who gets to control the $18 million budget of the Honolulu Authority for Rapid Transit (HART), the newly created “semi-autonomous” agency that is overseeing the $5 billion rail project. The focus of the story…
What Do You Want To Save In Honolulu (And How Much Will It Cost?)
Civil Beat‘s recent report on the mayor’s plan to demolish the Waikiki Natatorium War Memorial, a salt-water swimming pool erected to honor those who served in “the Great War,” not only brought back some childhood memories (I swam there as a kid) but reminded us of the cost of preservation. When the thing…
Upcoming CLE And ABA State & Local Govt Law Section Meeting (Portland)
Next week (May 12 – 15, 2011), the ABA Section of State & Local Government Law is meeting in Portland, Oregon.
This is our Spring Meeting (complete agenda here), and is co-sponsored by the Urban Land Institute and the American Planning Association. In addition to the business and administrative meetings (I promise, the meeting…
Oral Arguments In Ethics Case
Here’s the recording of last week’s oral arguments in Comm’n on Ethics of the State of Nevada v. Carrigan, No. 10-568 (cert. granted Jan 7, 2011).
Stream the arguments below, or download the 25mb mp3 here.
The written transcript is available here. The merits and amici briefs are available here.
We’re writing…
Oral Argument Transcript In SCOTUS Ethics Case
Heading to court today, so haven’t had time to review this yet, but here’s the just-released transcript in today’s oral arguments in Comm’n on Ethics of the State of Nevada v. Carrigan, No. 10-568 (cert. granted Jan 7, 2011).
We previewed the arguments here.
Oral Argument Preview: Supreme Court Reviewing Ethics Laws – Is An Elected Official’s Vote “Speech?”
Tomorrow (April 27, 2011), the U.S. Supreme Court will hear oral arguments in Comm’n on Ethics of the State of Nevada v. Carrigan, No. 10-568 (cert. granted Jan 7, 2011). In that case, the Court is considering whether a state statute that requires elected officials to recuse themselves from considering matters on which they…
Last Briefs In SCOTUS Ethics Case: Does Elected Official With A Conflict Of Interest Have A Right To Vote Anyway?
Here are the final four briefs in Comm’n on Ethics of the State of Nevada v. Carrigan, No. 10-568 (cert. granted Jan 7, 2011). In that case, the U.S. Supreme Court is considering whether a state statute which requires elected officials to recuse themselves from considering matters on which they appear to have conflicts…
