Wednesday, June 15, 2011
Nevada Com'n on Ethics v Carrigan, and the Nevada Constitution.
http://www.supremecourt.gov/opinions/10pdf/10-568.pdf
http://sblog.s3.amazonaws.com/wp-content/uploads/2010/12/01-07-Nevada-Commission-opinion-below.pdf
Carrigan was on the county council of Sparks Nevada (or something; I am blogging on the fly without checking the facts.) He was censured for voting on a matter that his campaign manager had a financial interest in.
he challenged his censure on first amendment grounds in state court,and won 5-1 with one recusal at the state supreme court. He was then reversed 9-0 by the US supreme court.
(The case continues on remand;he may still win on other grounds.)
What I want to know is why didn't he sue based on the Nevada constitution?
If he had, and the nevada court agreed with him, and said so clearly, his case would have been insulated from USSCt review. Was it malpractice by his attorneys? Was it some strange procedural obstacle? Were there no grounds under the Nevada constitution?
http://www.supremecourt.gov/opinions/10pdf/10-568.pdf
http://sblog.s3.amazonaws.com/wp-content/uploads/2010/12/01-07-Nevada-Commission-opinion-below.pdf
Carrigan was on the county council of Sparks Nevada (or something; I am blogging on the fly without checking the facts.) He was censured for voting on a matter that his campaign manager had a financial interest in.
he challenged his censure on first amendment grounds in state court,and won 5-1 with one recusal at the state supreme court. He was then reversed 9-0 by the US supreme court.
(The case continues on remand;he may still win on other grounds.)
What I want to know is why didn't he sue based on the Nevada constitution?
If he had, and the nevada court agreed with him, and said so clearly, his case would have been insulated from USSCt review. Was it malpractice by his attorneys? Was it some strange procedural obstacle? Were there no grounds under the Nevada constitution?
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