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IN Right Life Inc v. Shepard, Randall

Citation: Not availableDocket: 06-4333

Court: Court of Appeals for the Seventh Circuit; October 26, 2007; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

This case involves a challenge by Indiana Right to Life, Inc. and Arline Sprau against the Indiana Commission on Judicial Qualifications and the Indiana Disciplinary Commission, arguing that specific canons of the Indiana Code of Judicial Conduct violate First Amendment rights. The primary legal issue centers on whether the canons, which restrict judicial candidates from making pledges or commitments on issues potentially before them, are unconstitutional. The district court initially ruled in favor of Indiana Right to Life, declaring the canons unconstitutional based on precedents such as Republican Party of Minnesota v. White. However, the appellate court reversed this decision, finding that Indiana Right to Life failed to establish standing due to a lack of demonstrable injury or credible threat of enforcement. The court also noted the absence of any enforcement actions against candidates for their responses to controversial questionnaires, thus failing to meet the 'case or controversy' requirement under Article III of the Constitution. Consequently, the court remanded the case with instructions to dismiss, emphasizing the need for evidence of actual constraint on speech to support such claims.

Legal Issues Addressed

Case or Controversy Requirement

Application: The court emphasized the necessity for a 'case or controversy' under Article III, requiring a concrete and particularized injury for judicial intervention.

Reasoning: The legal framework requires a showing of a 'case or controversy' for judicial power under Article III of the Constitution.

First Amendment Rights and Judicial Candidates

Application: The court evaluated whether the Indiana Code of Judicial Conduct's canons unlawfully restricted the free speech rights of judicial candidates.

Reasoning: Indiana Right to Life, Inc. and Arline Sprau filed a complaint against the Indiana Commission on Judicial Qualifications and the Indiana Disciplinary Commission, arguing that two specific canons in the Indiana Code of Judicial Conduct infringe upon their First Amendment rights.

Ripeness and Threat of Enforcement

Application: The absence of any enforcement action against candidates who expressed views on controversial topics led the court to conclude that the issue was not ripe for adjudication.

Reasoning: The absence of a real threat of enforcement also indicates a lack of ripeness in the case.

Standing and Injury in Fact

Application: The court determined that Indiana Right to Life lacked standing as it failed to demonstrate a direct injury resulting from the enforcement of the judicial conduct canons.

Reasoning: Right to Life argues that the canons restrict judicial candidates from expressing their views, infringing on their First Amendment rights. However, this claim is viewed skeptically, as candidates may prefer to avoid answering questions and use the canons as justification.