Sanders County Republican Cent v. Steve Bullock- Dissent

FILED

Sanders County Republican Central Committee v. Bullock, 12-35543 SEP 17 2012

MOLLY C. DWYER, CLERK

SCHROEDER, Circuit Judge, dissenting: U .S. C O U R T OF APPE ALS

This decision is a big step backwards for the state of Montana, which we all

agree has a compelling interest in maintaining an independent and impartial

judiciary. The majority ignores the practical effects of its decision on that interest

when it takes a formulaic approach to First Amendment doctrine. This is the first

opinion to hold that even though a state has chosen a non-partisan judicial selection

process, political parties have a right to endorse candidates. This means parties can

work to secure judges’ commitments to the parties’ agendas in contravention of the

non-partisan goal the state has chosen for its selection process.

The Supreme Court in Republican Party of Minn. v. White (White I), 536

U.S. 765 (2010) recognized that judges have a life beyond the bench and make

statements throughout their legal careers on political and legal issues. “[J]udges

often state their views on disputed legal issues outside the context…