Nevada Commission on Ethics v. Carrigan
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| Nevada Comm. on Ethics v. Carrigan | |
|---|---|
 | |
| Argued April 27, 2011 Decided June 13, 2011 | |
| Full case name | Nevada Comm. on Ethics v. Carrigan |
| Docket no. | 10-568 |
| Argument | Oral argument |
| Opinion announcement | Opinion announcement |
| Holding | |
| The Nevada Ethics in Government Law is not unconstitutionally overbroad. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Scalia, joined by Roberts, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor, Kagan |
| Concurrence | Kennedy |
| Concurrence | Alito |
Nevada Comm. on Ethics v. Carrigan, No. 10-568 (2011), was a recent case in which the Supreme Court of the United States held that the Nevada Ethics in Government Law is not unconstitutionally overbroad. The law requires government officials to recuse themselves from advocating for and voting on the passage of legislation if private commitments to the interests of others materially affect the official's judgment. Under this law, the Nevada Commission on Ethics censured city councilman Michael Carrigan for voting on a land project for which his campaign manager was a paid consultant. Carrigan challenged his censure in court and the Nevada Supreme Court ruled in his favor, holding that voting is protected speech. The Supreme Court reversed, ruling that voting is not First Amendment speech.
Background
Nevada's Ethics in Government Law
Nevada's Ethics in Government law states that "a public officer shall not vote upon or advocate the passage or failure of, but may otherwise participate in the consideration of, a matter with respect to which the independence of judgment of a reasonable person in the public officer’s situation would be materially affected by... the public officer’s commitment in a private capacity to the interests of others."[1] The law defines commitment in a private capacity to the interests of others as a "a commitment to a person who is a member of the public officer’s or employee’s household; is related to the public officer or employee by blood, adoption or marriage within the third degree of consanguinity or affinity; employs the public officer or employee or a member of the public officer’s or employee’s household; whom the public officer or employee has a substantial and continuing business relationship; or any other commitment or relationship that is substantially similar to a commitment or relationship described."[2]
Investigation of Michael Carrigan
The Nevada Commission on Ethics is the body responsible for administering and enforcing the Ethics in Government law.[3] In 2005, the Commission started an investigation of Michael Carrigan, an elected member of te City Council of Sparks, Nevada.
Opinion of the Court
Kennedy's Concurrence
Alito's Concurrence
Notes
References
- Supreme Court of the United States (2011). "Nevada Commission on Ethics v. Carrigan (Syllabus)".
{{cite journal}}: Cite journal requires|journal=(help); Unknown parameter|month=ignored (help) - Supreme Court of the United States (2011). "Nevada Commission on Ethics v. Carrigan (Opinion)".
{{cite journal}}: Cite journal requires|journal=(help); Unknown parameter|month=ignored (help) - Supreme Court of the United States (2011). "Nevada Commission on Ethics v. Carrigan (Kennedy Concurrence)".
{{cite journal}}: Cite journal requires|journal=(help); Unknown parameter|month=ignored (help) - Supreme Court of the United States (2011). "Nevada Commission on Ethics v. Carrigan (Alito Concurrence)".
{{cite journal}}: Cite journal requires|journal=(help); Unknown parameter|month=ignored (help) - Nevada Revised Statutes. "Ethics In Government".
{{cite journal}}: Cite journal requires|journal=(help)
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