570 F. App'x 553
6th Cir.2014Background
- Tennessee Plan 1994 governs initial selection and retention of appellate judges; governor appoints from JNC nominees and appointee then faces retention election.
- JNC and INC administered the appointment process; INC ultimately filled Judge Tipton's seat with Montgomery, who must later stand in a retention election.
- Moncier sought to be placed on the August 2014 ballot for Judge Tipton's seat but did not apply to INC or attend proceedings.
- Moncier filed a federal 42 U.S.C. § 1983 suit alleging First and Fourteenth Amendment ballot access and political-association harms.
- District court dismissed for lack of standing, deeming Moncier’s injuries generalized and not particularized; Moncier appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing viability | Moncier alleges a concrete injury from ballot access denial. | Moncier's injury is a generalized grievance, not distinct to him. | Moncier lacked Article III standing. |
| Federally protected interest to run for state office | Right to run for state-court judge is protected under federal law. | No federal right to run for a state office when vacancy is lawfully filled. | No federally protected interest to appear on the ballot for that state office. |
| Anderson-Burdick applicability | Election-law challenges should be balanced under Anderson-Burdick. | Anderson-Burdick does not apply where the office is already lawfully filled by gubernatorial appointment. | Anderson-Burdick not controlling; no right to run existing under state law. |
| Scope of remedies and additional state claims | Additional state-law claims provide standing or relief. | State claims were not properly before the court and not pled on appeal. | Amended-state claims not properly before court; affirm dismissal on standing grounds. |
Key Cases Cited
- Hem v. Freedom From Religion Found., Inc., 551 U.S. 587 (2007) (standing limits; generalized grievances not cognizable)
- Schlesinger v. Reservists Comm. to Stop the War, 418 U.S. 208 (1974) (standing not predicated on common public interest)
- Lance v. Coffman, 549 U.S. 437 (2007) (undifferentiated, generalized grievance about government)
- Anderson v. Celebrezze, 460 U.S. 780 (1983) (balancing election laws; right to associate/vote)
- Burdick v. Takushi, 504 U.S. 428 (1992) (Anderson-Burdick standard applications)
- Snowden v. Hughes, 321 U.S. 1 (1944) (right to become candidate is state-citizenship privilege)
- Newman v. Voinovich, 986 F.2d 159 (6th Cir. 1993) (public office not property; dismissal)
- Burks v. Perk, 470 F.2d 163 (6th Cir. 1972) (public office not property)
- Wilson v. Birnberg, 667 F.3d 591 (5th Cir. 2012) (no constitutional right to run for state office)
- Velz v. Levy, 401 F.3d 75 (2d Cir. 2005) (no cognizable property interest as elected official)