Nevada Comm. on Ethics v. Carrigan

Disclosure: John Elwood, a regular contributor to the blog, serves as counsel to the petitioner. Although Amy Howe, the editor of the blog, served as a judge on one of John’s moots before the argument, Goldstein, Howe, & Russell was not otherwise involved in the case.

Holding: The Nevada Ethics in Government Law, which prohibits a legislator who has a conflict of interest from both voting on a proposal and from advocating its passage or failure, is not unconstitutionally overbroad.

Judgment: Reversed, 9-0, in an opinion by Justice Antonin Scalia on June 13, 2011. Justice Kennedy filed a concurring opinion. Justice Alito filed an opinion concurring in part and concurring in the judgment.

Briefs and Documents

Merits Briefs

• Brief of Petitioner Nevada Commission on Ethics
• Brief for Respondent Michael A. Carrigan
• Reply Brief for Petitioner Nevada Commission on Ethics

Amicus Briefs

• Brief for the States of Florida, Alabama, Arizona, Colorado, Hawaii, Idaho, Indiana, Louisiana, Maine, Michigan, Montana, Pennsylvania, Texas, and Utah in Support of Petitioner
• Brief for Public Citizen, Inc., in Support of Petitioner
• Brief for the Nevada Legislature in Support of Reversal
• Brief for the Reporters Committee for Freedom of the Press, the Student Press Law Center and 14 other News Organizations in Support of Petitioner
• Brief for the James Madison Center and the Center for Competitive Politics in Support of Respondent
• Brief for the International Municipal Lawyers Association in Support of Respondent

Certiorari-stage documents

• Opinion below (Nevada Supreme Court)
• Petition for certiorari (unavailable)
• Brief in opposition (unavailable)
• Amicus brief of Florida, et al. (unavailable)
• Petitioner's reply (unavailable)