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FISCHER v. THOMAS

No. 22-5938.

78 F.4th 864 (2023)

Joseph FISCHER; Fischer for Supreme Court Committee; Robert A. Winter, Jr., Plaintiffs-Appellants, v. Honorable Karen A. THOMAS, as Member, Judicial Conduct Commission; Honorable R. Michael Sullivan, as Member, Judicial Conduct Commission; Honorable Eddy Coleman, as Member, Judicial Conduct Commission; Jeff S. Taylor, as Member, Judicial Conduct Commission; Honorable Joe E. Ellis, as Member, Judicial Conduct Commission; Honorable Janet Lively McCauley, as Member, Judicial Conduct Commission; Jimmy Shaffer, as Executive Secretary, Judicial Conduct Commission, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 16, 2023.

Attorney(s) appearing for the Case

ON BRIEF: Christopher Wiest , CHRIS WIEST, ATTY AT LAW, PLLC, Crestview Hills, Kentucky, Thomas B. Bruns , BRUNS CONNELL VOLLMAR & ARMSTRONG, Cincinnati, Ohio, Zachary Gottesman , GOTTESMAN & ASSOCIATES, Cincinnati, Ohio, for Appellants.

Jeffrey C. Mando , Olivia F. Amlung , ADAMS LAW, PLLC, Covington, Kentucky, Bethany A. Breetz , Zachary D. Losey , STITES & HARBISON, PLLC, Louisville, Kentucky, for Appellees.

THAPAR, J., delivered the opinion of the court in which GRIFFIN and MURPHY, JJ., joined. GRIFFIN, J. (pg. 869-70), delivered a separate concurring opinion.

OPINION

Two judicial candidates sued the Kentucky Judicial Conduct Commission after they heard the Commission planned to investigate their campaign speech. The district court denied a preliminary injunction, and the candidates appealed. We enjoined the Commission from initiating an investigation during the campaign...

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