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· 2/22/2006

Prete v. Bradbury

Citations

  • 438 F.3d 949
  • 2006 U.S. App. LEXIS 4157
  • 2006 WL 399590

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a public interest organization seeking intervention to defend a state constitutional ballot initiative failed to defeat the presumption of adequate representation when the ultimate objective of both the organization and the defendant party was to uphold the measure’s validity
  • noting that “whether certain restrictions create a ‘severe burden’ on ... First Amendment rights” is a “constitutional question! ] of fact”
  • noting that “we need not reach [the issue of standing] because ... the district court erred in granting intervenor-defendants’ motion to intervene on grounds other than whether intervenor-defendants had independent standing”
  • observing that, “from an economic perspective, eliminating one method of payment ... for petition circulators could result in some barriers to entry in the signature procurement market”
  • assessing ban on tying compensation to number of signatures obtained for a petition as a lesser burden
  • finding defendant-intervenor’s professed specialized knowledge insufficient to overcome the presumption of adequate representation by the state

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.