REPUBLICAN PARTY OF MINNESOTA v. WHITE

Nos. 99-4021, 99-4025, 99-4029.

416 F.3d 738 (2005)

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 on Judicial Standards, or her successor; Kenneth L. Jorgensen, 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; The Conference of Chief Justices; The Missouri Bar; The Brennan Center for Justice at NYU School of Law; Campaigns for People; Citizen Action/Illinois; Conference of Ad Hoc Committee of Former Justices and Friends; State of Arkansas; Arkansas Supreme Court, Amici on Behalf of Appellees. 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 on Judicial Standards, or her successor; Kenneth L. Jorgensen, 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, The Conference of Chief Justices; The Missouri Bar; The Brennan Center for Justice at NYU School of Law; Campaigns for People; Citizen Action/Illinois; Conference of Ad Hoc Committee of Former Justices and Friends; State of Arkansas; Arkansas Supreme Court, Amici on Behalf of Appellees. 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 on Judicial Standards, or her successor; Kenneth L. Jorgensen, 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 Appellees, The Conference of Chief Justices; The Missouri Bar; The Brennan Center for Justice at NYU School of Law; Campaigns for People; Citizen Action/Illinois; Conference of Ad Hoc Committee of Former Justices and Friends; State of Arkansas; Arkansas Supreme Court, Amici on Behalf of Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 2, 2005.


Attorney(s) appearing for the Case

James Bopp, Jr., argued, Terre Haute, IN, for appellant.

Thomas Vasaly, AAG, argued, St. Paul, MN, for appellee.

Before LOKEN, Chief Judge, McMILLIAN, JOHN R. GIBSON, WOLLMAN, BEAM, MORRIS SHEPPARD ARNOLD, MURPHY, BYE, RILEY, SMITH, COLLOTON, GRUENDER, and BENTON, Circuit Judges, en banc.


BEAM, Circuit Judge.

This case is before us en banc upon remand from the United States Supreme Court. We briefly outline what has occurred in this matter since its inception, believing that it will be helpful in analyzing the issues presented.

The dispute commenced in the United States District Court for the District of Minnesota. At issue were the so called "announce," "partisan-activities," and "solicitation" clauses of Canon 5 of the Minnesota Supreme Court...

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