REPUBLICAN PARTY OF MINNESOTA v. WHITE

No. 99-4021, 99-4025, 99-4029.

361 F.3d 1035 (2004)

REPUBLICAN PARTY OF MINNESOTA, an association; Indian Asian American Republicans of Minnesota, an association; Republican Seniors, an association; Young Republican League of Minnesota, a Minnesota nonprofit corporation; Minnesota College Republicans, an association, Plaintiffs — Appellants, Gregory F. Wersal, individually, Plaintiff, Cheryl L. Wersal, individually; Mark E. Wersal, individually; Corwin C. Hulbert, individually, Plaintiffs — Appellants, Campaign for Justice, an association, Plaintiff, Minnesota African American Republic Council, an association, Plaintiff — Appellant, Muslim Republicans, an association; Michael Maxim, individually; Kevin J. Kolosky, individually, Plaintiffs, v. Suzanne WHITE, in her capacity as Chairperson of the Minnesota Board of Judicial Standards, or her successor; Edward J. Cleary, in his capacity as Director of the Minnesota Office of Lawyers Professional Responsibility, or his successor; Charles E. Lundberg, in his capacity as Chair of the Minnesota Lawyers Professional Responsibility Board, or his successor, Defendants — Appellees, Minnesota Civil Liberties Union, Amicus on Behalf of Appellant, The Minnesota State Bar Association, Amicus on Behalf of Appellee. Republican Party of Minnesota, an association; Indian Asian American Republicans of Minnesota, an association; Republican Seniors, an association; Young Republican League of Minnesota, a Minnesota nonprofit corporation; Minnesota College Republicans, an association; Minnesota African American Republic Council, an association; Cheryl L. Wersal, individually; Mark E. Wersal, individually; Corwin C. Hulbert, individually; Gregory F. Wersal, individually; Campaign for Justice, an association; Muslim Republicans, an association, Plaintiffs, Michael Maxim, individually, Plaintiff — Appellant, Kevin J. Kolosky, individually, Plaintiff, v. Suzanne White, in her capacity as Chairperson of the Minnesota Board of Judicial Standards, or her successor; Edward J. Cleary, in his capacity as Director of the Minnesota Office of Lawyers Professional Responsibility, or his successor; Charles E. Lundberg, in his capacity as Chair of the Minnesota Lawyers Professional Responsibility Board, or his successor, Defendants — Appellees, The Minnesota State Bar Association, Amicus on Behalf of Appellee. Republican Party of Minnesota, an association; Indian Asian American Republicans of Minnesota, an association; Republican Seniors, an association; Young Republican League of Minnesota, a Minnesota nonprofit corporation; Minnesota College Republicans, an association, Plaintiffs, Gregory F. Wersal, individually, Plaintiff — Appellant, Cheryl L. Wersal, individually; Mark E. Wersal, individually; Corwin C. Hulbert, individually; Plaintiffs, Campaign for Justice, an association; Plaintiff — Appellant, Minnesota African American Republic Council, an association; Muslim Republicans, an association; Michael Maxim, individually; Plaintiffs, Kevin J. Kolosky, individually, Plaintiff — Appellant, v. Suzanne White, in her capacity as Chairperson of the Minnesota Board of Judicial Standards, or her successor; Edward J. Cleary, in his capacity as director of the Minnesota Office of Lawyers Professional Responsibility, or his successor; Charles E. Lundberg, in his capacity as Chair of the Minnesota Lawyers Professional Responsibility Board, or his successor, Defendants — Appellees, The Minnesota State Bar Association, Amicus on Behalf of Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: March 16, 2004.


Attorney(s) appearing for the Case

James Bopp, argued, Terre Haute, IN (William F. Mohrman, Minneapolis, MN of counsel), for appellant.

Alan I. Gilbert, argued, St. Paul, MN, for appellees.

Before McMILLIAN, JOHN R. GIBSON, and BEAM, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

In Republican Party of Minnesota v. White, 536 U.S. 765, 122 S.Ct. 2528, 153 L.Ed.2d 694 (2002), the Supreme Court reversed the grant of summary judgment against Gregory Wersal and the other plaintiffs in this suit on their claim that the "announce" clause of Canon 5 of the Minnesota Code of Judicial Conduct violated their First Amendment rights. The Supreme Court remanded to us for further proceedings...

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