181864P.pdf   07/02/2018  In Re: Honorable John Kemp  v.  
   U.S. Court of Appeals Case No:  18-1864
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Benton, Author, with Colloton and Kelly, Circuit Judges] 
   Petition for a Writ of Mandamus. In action by an Arkansas circuit court 
   judge challenging an Arkansas Supreme Court order immediately reassigning 
   the judge's death penalty and execution protocol cases, including any 
   future cases, as a violation of his constitutional and statutory rights, 
   the district court erred in denying the defendants' motion to dismiss; 
   plaintiff's free speech claim fails because he failed to allege he engaged 
   in a protected activity and because there is no adverse employment action; 
   with respect to plaintiff's Free Exercise Clause First Amendment claim, it 
   fails because nothing in the Arkansas Supreme Court's order affects his 
   right to practice his religion; even assuming the order substantially 
   burdens plaintiff's exercise of religion, his claim under the Arkansas 
   Religious Freedom Restoration Act claim fails because Arkansas has 
   compelling interests in the impartiality of the judiciary and in public 
   perception of an impartial judiciary; plaintiff does not allege any less 
   restrictive means of furthering these compelling interests and the 
   district court erred in allowing the claim to proceed; plaintiff alleged 
   no cognizable life, liberty or property claim and his due process claims 
   should have been dismissed for failure to state a claim; plaintiff failed 
   to properly plead an Equal Protection Clause argument as he failed to 
   allege he was treated differently than similarly situated persons or that 
   defendants had an intent to discriminate; plaintiff failed to state an 
   actionable civil conspiracy claim. Judge Kelly, dissenting.