01 October 2007

Breaking: 4th Circuit holds open primary law unconstitutional

Commentary: In light of a very cursory glance at the opinion, it appears that one of the Judges' main points is found in the following paragraph in the opinion.

The Court has also recognized that "a corollary of the right to
associate is the right not to associate." Id. at 574.
"Freedom of association
would prove an empty guarantee if associations could not limit
control over their decisions to those who share the interests and persuasions
that underlie the association’s being." Democratic Party of
the United States v. Wisconsin ex rel. La Follette, 450 U.S. 107, 122
n.22 (1981) (internal quotation marks omitted). And, "[i]n no area is
the political association’s right to exclude more important than in the
process of selecting its nominee."
Jones, 530 U.S. at 575.

In an opinion released today, the 4th Circuit Court of Appeals affirms lower court ruling that Virginia's open primary law is unconstitutional. The opinion can be found here. Will leave analysis to the august members of the ODBA who are attorneys.