Republican Party of Minnesota v. White, Chairperson, Minnesota Board of Judicial Standard — Ginsburg, J…

Summary

Justice Ginsburg, dissenting, would uphold Minnesota’s Announce Clause because judicial elections differ fundamentally from political elections and the restriction protects judicial independence, impartiality, and litigants’ due-process rights. She also contends that the clause is narrowly construed to prohibit only statements committing a candidate to decide particular issues in advance and is necessary to prevent circumvention of Minnesota’s prohibition on pledges or promises. Justice Stevens, Justice Kennedy, and Justice O’Connor filed separate opinions contesting the Court’s reasoning or discussing the broader risks and principles implicated by judicial elections.