Saturday, January 19, 2008

NY v. Lopez - USSC reverses 2d Cir.

The Court held that New York's system of choosing party nominees for State Supreme Court does not violate the 1st Amendment. Specificallythe court held: "Because a political party has a First Amendment right to limit itsmembership as it wishes, and to choose a candidate-selection processthat will in its view produce the nominee who best represents itspolitical platform, a State's power to prescribe party use ofprimaries or conventions to select nominees for the general electionis not without limits. California Democratic Party v. Jones, 530 U.S.567, 577. However, respondents, who claim their own associationalright to join and have influence in the party, are in no position torely on the right that the First Amendment confers on politicalparties."John Paul Stevens issued a concurring opinion and quoted JusticeMarshall stating that, "The Constitution does not prohibitlegislatures from enacting stupid laws."

This update was courtesy of the Academy of Trial Lawyers (because ABL is still off litigatin').


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