Case name: Nevada Comm’n on Ethics v. Carrigan

Opinion filed: 2011-06-13

Docket No.: 10-568

Citations:
• 180 L. Ed. 2d 150
• 131 S. Ct. 2343
• 564 U.S. 117
• 2011 U.S. LEXIS 4379

Case holding summaries:
• “[A] legislator casts his vote ‘as trustee for his constituents, not as a prerogative of personal power.’”
• When a legislative vote is cast, “[t]he legislative power thus committed 22 is not personal to the legislator but belongs to the people; the legislator has no personal right to it.”
• “[A] public official cannot legally participate in his official —————— 3 We have held that restrictions on judges’ speech during elections are a different matter. See Republican Party of Minn. v. White, 536 U. S. 765, 788 (2002
• holding that it violated the First Amendment to prohibit announcement of views on disputed legal and political issues by candidates for judicial election
• expressive value was “not created by the conduct itself but by the speech that accompanies it”
• “[T]here do not appear to have been any serious challenges to judicial recusal statutes as having unconstitutionally restricted judges’ First Amendment rights.”
• legislatorsâ act of voting not expressive because it âsymbolizes nothingâ about their reasoning
• legislatorsâ act of voting not expressive because it âsymbolizes nothingâ about their reasoning

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