091578P.pdf   03/27/2012  Gregory Wersal  v.  Patrick Sexton, etc.
   U.S. Court of Appeals Case No:  09-1578
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Before the Court En Banc]
   Civil case - Judicial Elections and the Minnesota Code of Judicial
   Conduct. For the panel opinion in the matter, see Wersal v. Sexton, 613
   F.3d 821 (8th Cir. 2010). Judge Bye, with whom Judge Murphy, Judge
   Melloy, Judge Smith and Judge Shepherd, join. District court decision
   rejecting constitutional challenges to three provisions of Minnesota Code
   of Judicial Conduct -- the endorsement, personal solicitation, and
   solicitation for a political organization or candidate clauses -- is
   affirmed. Judge Loken, with whom Judge Wollman joins, concurring in the
   judgment. Judge Beam, with whom Chief Judge Riley joins, dissenting. Judge
   Colloton, with whom Chief Judge Riley, Judge Beam, Judge Gruender
   and Judge Benton, join, dissenting in part.
  
091578P.pdf   07/29/2010  Gregory Wersal  v.  Patrick Sexton, etc.
   U.S. Court of Appeals Case No:  09-1578
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Beam, Author, with Bye and Colloton, Circuit Judges]
   Civil case - Civil Rights. For the earlier opinions dealing with the
   provisions of the Minnesota Code of Judicial Conduct regulating
   candidates' conduct during elections, see Republican Party of Minnesota
   v. White, 536 U.S. 765 (2002) and Republican Party of Minnesota v.
   White, 416 F.3d 738 (8th Cir. 2005)(en banc).The "endorsement" clause
   [Canon 4.1(A)(3)], the "personal solicitation" clause [Canon4.1(A)(4)
   and (6)] and the "solicitation for a political organization or candidate"
   clause [Canon 4.1(A)(4)(a)] do not survive strict scrutiny and violate the
   First Amendment; the judgment of the district court is vacated and the
   case is remanded with instructions to enter summary judgment for
   plaintiff. Judge Bye, dissenting.