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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

Issue: (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)
11/11/2016Application (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.
11/16/2016Application (16A494) granted by Justice Kagan extending the time to file until February 24, 2017.
02/23/2017Petition for a writ of certiorari filed. (Response due March 30, 2017)
03/02/2017Waiver of right of respondent Andrew G. Beshear, Kentucky Attorney General to respond filed.
03/30/2017Brief of respondents Alison Lundergan Grimes, Kentucky Secretary of State, et al. in opposition filed.
04/13/2017Reply of petitioners Libertarian Party of Kentucky, et al. filed.
04/19/2017DISTRIBUTED for Conference of May 11, 2017.
05/15/2017Petition DENIED.