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Free Citizen

This writer espouses individual liberty, free markets, and limited government.

Location: Jackson, Mississippi, United States

Wednesday, January 16, 2008

This May Help Open Primary Challenge

The U. S. Supreme Court today handed down a ruling that bodes well for the Mississippi Democrats in their efforts to block Republicans from voting in Democratic primaries.* This ruling involves the method that New York’s political parties use to nominate candidates for trial judge.

From Justice Antonin Scalia’s opinion: “A political party has a First Amendment right to limit its membership as it wishes and to choose a candidate-selection process that will in its view produce the nominee who best represents its political platform.”

I got a kick out of this quote from the late Justice Thurgood Marshall: “The Constitution does not prohibit legislatures from enacting stupid laws.”

The high court's ruling reversed both of the lower courts. Justice Scalia's complete opinion is here.

*Mississippi Democratic Party v. Barbour is now in the 5th U. S. Circuit Court of Appeals in New Orleans.


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