Pol with Developer Ties Had No Free-Speech Right to Vote on Project, Supreme Court Rules
The U.S. Supreme Court has upheld a Nevada law that bars public officials from voting on matters in which they have conflicts of interest.
The unanimous opinion by Justice Antonin Scalia found the law does not violate legislators’ free-speech rights because the legislative power “is not personal to the legislator but belongs to the people.” His opinion (PDF) traced recusal rules, including rules requiring judicial recusals, to the founding of the nation.
City council member Michael Carrigan of Sparks, Nev., had claimed his right to free political speech was violated by an ethics commission censure for his vote on a casino project. Carrigan voted for the project after disclosing that the developer had hired Carrigan’s friend and voluntary campaign manager.
Justice Samuel A. Alito Jr. wrote a separate opinion concurring in the judgment. He disagreed that legislators’ votes are not speech, but said the law should be upheld because recusal rules have long been regarded as permissible.
