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Libertarian Party of Kentucky v. Grimes

Petition for certiorari denied on May 15, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-1034 6th Cir. N/A N/A N/A N/A OT 2016

Issues: (1) Whether the equal protection analysis in ballot-access cases, including Anderson v. Celebrezze and Burdick v. Takushi, incorporates a non-discrimination principle, separate and apart from the Anderson-Burdick burden analysis, as held by the U.S. Courts of Appeals for the 2nd, 3rd, 10th and 11th Circuits, or whether the Anderson-Burdick burden analysis is the sole test for ballot access, as held by the U.S. Court of Appeals for the 6th Circuit here; (2) whether a minor party must show its “exclusion or virtual exclusion” from the ballot to demonstrate a “severe burden” under Anderson-Burdick before strict scrutiny analysis is triggered, or whether a demonstration of significant roadblocks that extend beyond the merely inconvenient, as suggested by Justice Scalia and the U.S. Court of Appeals for the 7th Circuit, are sufficient to trigger a “severe burden” and strict scrutiny analysis; and (3) whether the “flexible analysis” framework of Anderson-Burdick allows a ballot-access scheme that significantly impairs minor parties, when less burdensome alternatives exist but are not employed, as held by the 6th Circuit, or whether, under a “flexible analysis” requires the least burdensome alternative that meets legitimate state interests, as held by the 2nd and 11th Circuits.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 11 2016Application (16A494) to extend the time to file a petition for a writ of certiorari from December 26, 2016 to February 24, 2017, submitted to Justice Kagan.
Nov 16 2016Application (16A494) granted by Justice Kagan extending the time to file until February 24, 2017.
Feb 23 2017Petition for a writ of certiorari filed. (Response due March 30, 2017)
Mar 2 2017Waiver of right of respondent Andrew G. Beshear, Kentucky Attorney General to respond filed.
Mar 30 2017Brief of respondents Alison Lundergan Grimes, Kentucky Secretary of State, et al. in opposition filed.
Apr 13 2017Reply of petitioners Libertarian Party of Kentucky, et al. filed.
Apr 19 2017DISTRIBUTED for Conference of May 11, 2017.
May 15 2017Petition DENIED.