A Louisiana judge’s unusual lawsuit against four fellow jurists, alleging they illegally forced his recusal from two environmental cases as a result of campaign donations, “represents a new battlefront in an ongoing war over judicial elections, political free speech and campaign money,” Law360 reports. The article quotes Justice at Stake.
“It was really only a matter of time, given the way the courts have been looking at judges, that you would see this kind of clash between free speech, First Amendment issues … and the right to due process,” Scott Greytak, JAS senior policy counsel, said. “This is just an extreme example of those two constitutional values ramming into each other, and it’s a problem that wouldn’t even be possible in about half the states, which don’t have Supreme Court elections.”
Justice Jefferson Hughes III of the Louisiana Supreme Court contends his colleagues effectively put “unconstitutional limits on the amount of money a person can contribute to a political action committee” (see Gavel Grab). (more…)