BAUER v. SHEPARD

No. 09-2963.

620 F.3d 704 (2010)

Torrey BAUER, David Certo, and Indiana Right to Life, Inc., Plaintiffs-Appellants, v. Randall T. SHEPARD, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 20, 2010.


Attorney(s) appearing for the Case

James Bopp, Jr. , Josiah Neeley (argued), Attorneys, Bopp, Coleson & Bostrom, Terre Haute, IN, for Plaintiffs-Appellants.

Thomas M. Fisher (argued), Office of the Attorney General, George T. Patton, Jr. , Attorney, Bose McKinney & Evans, LLP, Indianapolis, IN, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, and MANION and EVANS, Circuit Judges.


EASTERBROOK, Chief Judge.

The Supreme Court held in Republican Party of Minnesota v. White, 536 U.S. 765, 122 S.Ct. 2528, 153 L.Ed.2d 694 (2002)(White I), that elected judges, and candidates for judicial office, have a right under the first amendment to declare their legal views to the electorate during their campaigns. The decision left open myriad questions of implementation, and litigation has ensued across the...

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