It's My Party--Or Is It? First Amendment Problems Arising from the Mixed Role of Political Parties in Elections, by Erik S. Jaffe


In its recently concluded October Term 2007, the Supreme Court decided two cases?New York State Board of Elections v. Lo´pez Torres and Washington State Grange v. Washington State Republican Party1? involving the role of political parties in elections and the First Amendment limits on state regulation of election procedures. Both cases rejected First Amendment challenges to the laws at issue,

reversing the decisions of the Second and Ninth Circuits, respectively. The result in each case was more a function of the posture in which the cases were presented to the Court, however, and tells us little about political parties and the First Amendment per se. Of more interest are the Court?s discussion of the role of political parties

and the questions left open in its decisions.

For more information, please read full article. (This article is from the Cato Supreme Court Review 2007-2008).

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