United States Ninth Circuit
Alaska Right to Life Political Action Comm. v. Feldman, 05-35902, 05-36027
In an action brought by a PAC against members of the Alaska Commission on Judicial Conduct and members of the state bar's Disciplinary Commission challenging the constitutionality of provisions in the Alaska Code of Judicial Conduct which allegedly chilled judicial candidates from responding to plaintiffs' survey in violation of the First Amendment, a judgment partially in plaintiffs' favor invalidating one canon is vacated as plaintiffs' constitutional challenges were not ripe and the district court should have declined jurisdiction for lack of a justiciable case or controversy.
Appellate Information
- Argued 08/06/2007
- Decided 09/21/2007
- Published 09/21/2007
Judges
- PAEZ, Circuit Judge:, Before: J. CLIFFORD WALLACE, JOHN T. NOONAN, and RICHARD A. PAEZ, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- James Bopp, Jr., Thomas J. Marzen, Anita Y. Woudenberg, Terre Haute, Indiana, and William F. Sherman, Anchorage, AK, for plaintiffs-appellants Alaska Right to Life Political Action Committee and Michael Miller.
- For Appellees:
- Jan Hart DeYoung, Anchorage, AK, for defendants-appellants Jeffrey M. Feldman, Nancy Nolan, Patricia Collins, Ben J. Esch, Thomas Nave, Peter Aschenbrenner, Richard L. Burton, and Ethel L. Staton., Neil T. O'Donnell, Anchorage, AK, for defendant-appellee Steve Van Goor.