Two Amicus Curiae Briefs Filed in U.S. Supreme Court, in Michigan Libertarian Party Lawsuit over Gary Johnson’s Ballot Exclusion from 2012

On November 4, two amicus curiae briefs were filed in the U.S. Supreme Court in Libertarian Party of Michigan v Johnson, 13-421. One brief is filed by former Congressman and independent presidential candidate John B. Anderson, and six professors of political science, on the side of the Michigan Libertarian Party.

The other amicus is filed on the side of the state of Michigan, and is by the Michigan Republican Party.

The state’s brief, arguing that the Court should not hear the case, is due December 4. Chances are the U.S. Supreme Court will decide in December whether or not to hear this case. The issue is whether Michigan’s sore loser law should have been applied to the presidential primary in 2012. Michigan did not apply it in 1980, and the law hasn’t changed since then. Michigan permitted John B. Anderson to run as a minor party candidate in November 1980 even though he had been on the Republican presidential primary ballot that year. But Michigan kept Gary Johnson off the November 2012 ballot as a minor party candidate because his name had appeared on the February 2012 Republican presidential primary ballot.