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68 Vand. L. Rev. En Banc 1 (2015)

handle is hein.journals/valewenb68 and id is 1 raw text is: The Absent Amicus: With Friends Like These . . . Robert M. O'Neil* I. INTRODUCTION: REVISITING CORE JUDICIAL VALUES............. 1 II. FLORIDA'S JUDICIAL CANON AND ITS VALIDATION.................. 4 III. THE ELEPHANT IN THE ROOM: REPUBLICAN PARTY OF MINNESOTA V. WHITE.................6...............6 IV. WHAT'S NEXT: THE SUPREME COURT'S OPTIONS ............ 9 V. JUDGES ARE DIFFERENT-VERY DIFFERENT... ............ 10 I. INTRODUCTION: REVISITING CORE JUDICIAL VALUES The Williams-Yulee case presents two singular features worthy of scholarly attention. First, of course, is the striking split among the lower courts on the crucial issue this case presents. As the petition for certiorari amply demonstrates, the lower courts are deeply and expressly divided over the question whether rules like [the Florida Canons governing judicial conduct] violate the First Amendment.1 Mercifully, the Justices responded to the mounting conflict by agreeing to grant the petition in early October, though of course even the sharpest split alone would not by itself mandate review. Seldom have the federal circuits been so sharply divided; moreover, an impressive number of state supreme courts are also at odds on the validity of judicial election rules. Curiously, though, the nation's ultimate arbiter has not addressed this issue in a dozen years-during which myriad factors have heightened the urgency of intervention.2 The other novel-indeed, seemingly unique-feature of this case is the total absence of any formal argument (in amicus briefs or * Professor of Law Emeritus and President Emeritus, University of Virginia; Former President and Professor of Law, University of Wisconsin System, Senior Fellow, Association of Governing Boards of Colleges and Universities. 1. Petition for a Writ of Certiorari at 2, Williams-Yulee v. The Florida Bar, 138 So.3d 379 (June 17, 2014) (No. 13-1499), 2014 WL 2769040. 2. See Republican Party of Minn. v. White, 536 U.S. 765 (2002). 1