102397P.pdf   01/26/2011  Heather Robins  v.  Mark Ritchie
   U.S. Court of Appeals Case No:  10-2397
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Bye, Author, with Beam and Smith, Circuit Judges]
   Civil case - elections. In action alleging Minnesota Constitution Article
   VI, Section8, Minnesota Statutes Sec. 204B.36, subdivision 5
   (incumbency designation), Minnesota Statutes Sec. 490.125 (mandatory
   retirement age) and the overcreation of judicial vacancies coupled with
   the overuse of appointments violated the First Amendment right to vote
   and to run for public office, the right to equal protection in voting and the
   Fourteenth Amendment right to vote, plaintiffs' challenges to the
   incumbency designation were barred by the Rooker-Feldman doctrine,
   and the district court lacked subject matter jurisdiction over the claims;
   the court should have dismissed the claims and erred in ruling on the
   plaintiffs' request for a preliminary injunction. Judge Beam's concurring
   and dissenting opinion announces the judgment of the court with respect
   to the plaintiffs' challenge to the statutorily mandated retirement age for
   judges, and holds this claim should be dismissed for lack of standing as
   none of the plaintiffs is directly interested in the question. Judge Bye
   concurs in the result on this issue, finding that the claim should be barred
   under the Rooker-Feldman doctrine.