As readers may know, the prosecutors in the so-called “John Doe” cases have filed a petition for certiorari in the United States Supreme Court.
The substance of the first question presented is the constitutionality of the statute prohibiting coordination between candidates’ campaigns and advocacy groups, a topic that is outside On Point’s bailiwick. The other questions presented are of potential interest for all litigants, however, civil or criminal—namely, whether two justices (Prosser, Gableman) should have recused themselves because of contributions made to their campaigns by some of the John Doe targets or their affiliates. Judicial recusal under the due process clause is a recurring issue, and the Supreme Court has a case pending before it now that raises that issue.
Readers may also be interested in looking at the cert petition itself. According to Rick Hasen’s post on Election Law Blog the redactions are unusual, as they involve not just information identifying particular persons or actions, but also statements of the questions presented. For additional coverage of the cert petition, including some quoting commentators with different takes than Hasen’s, see here and here.
And while we’re on the topic of cert petitions, if you’re filing or thinking about filing one, make sure you look at our post on how to get your cert petition granted.
