Initiative and Referendum Institute v. Walker
United States Court of Appeals for the Tenth Circuit
450 F.3d 1082 (2006)

- Written by Joe Cox, JD
Facts
While the Utah constitution allowed ballot initiatives on a simple majority basis, in 1998, the constitution was amended to require a two-thirds majority for any initiative ballot regarding wildlife. That particular amendment was adopted after a successful popular vote. Soon thereafter, a massive class of plaintiffs, including several politicians, other individuals, and six wildlife or animal advocacy groups, including the Initiative and Referendum Institute (collectively, the wildlife advocates) (plaintiffs), filed suit challenging Utah’s requirement of a supermajority for wildlife-related initiatives. The wildlife advocates alleged that the supermajority requirement violated their First Amendment rights and was overly broad. Specifically, the wildlife advocates argued that the supermajority requirement (1) burdened their freedom of speech, which should be considered under strict scrutiny; (2) burdened their freedom of expression, which should be considered under intermediate scrutiny; (3) was discriminatory in regard to viewpoint or content; and (4) was too broad and was facially invalid. Among other arguments advanced by the state (defendant) was that the supermajority requirement did not implicate the First Amendment in any way. At the trial-court level, the suit was dismissed on the merits, with a finding that the wildlife advocates’ claims did not present a First Amendment issue. The wildlife advocates appealed.
Rule of Law
Issue
Holding and Reasoning (McConnell, J.)
Concurrence/Dissent (Lucero, J.)
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