Minnesota Majority, et al v. Mansky, et al

Plaintiffs, groups interested in electoral and government reform, sued Minnesota, challenging the constitutionality of Minnesota's Election Day Policy and Minn. Stat. 211B.11, subd. 1, which banned the wearing of any political insignia to a polling place. On appeal, plaintiffs challenged the dismissal of their First Amendment and Equal Protection claims. The court held that plaintiffs have failed to state a facial claim under the First Amendment under Minn. Stat. 211B1.11, subd. 1. The court reversed and remanded the as-applied First Amendment claim to the district court so that it could properly analyze the motion as a request for summary judgment through application of the standards articulated in Rule 56 and to give the parties sufficient opportunity to create an acceptable record. The court held that plaintiffs have failed to allege that Minnesota caused selective enforcement of the facially neutral statute and Policy and has therefore failed to state an equal protection claim. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "Minnesota Majority, et al v. Mansky, et al" on Justia Law