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NEVADA COM'N ON ETHICS v. CARRIGAN

No. 10-568.

131 S.Ct. 2343 (2011)

564 U.S. 117

180 L.Ed.2d 150

NEVADA COMMISSION ON ETHICS, Petitioner, v. Michael A. CARRIGAN.

Supreme Court of United States.

Decided June 13, 2011.

Attorney(s) appearing for the Case

John P. Elwood, Washington, DC, for Petitioner.

Joshua E. Rosenkranz, New York City, for Respondent.

Yvonne M. Nevarez-Goodson, Carson City, NV, John P. Elwood, Vinson & Elkins LLP, Washington, DC, David T. Goldberg, Donahue & Goldberg, LLP, New York, NY, Mark T. Stancil, Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Washington, DC, Daniel R. Ortiz, Toby J. Heytens, Charlottesville, VA, for Petitioner.

Richard L. Hasen, Los Angeles, CA, E. Joshua Rosenkranz, Mark S. Davies, Rachel M. McKenzie, Orrick, Herrington & Sutcliffe LLP, New York, NY, for Respondent.

Justice SCALIA delivered the opinion of the Court.

The Nevada Supreme Court invalidated a recusal provision of the State's Ethics in Government Law as unconstitutionally overbroad in violation of the First Amendment. We consider whether legislators have a personal, First Amendment right to vote on any given matter.

I

Nevada's Ethics in Government Law provides that "a public officer shall not vote upon or advocate the passage or failure of, but may...

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