[conspire] Reminder on voting deadline (TODAY); presidential primary election notes
Rick Moen
rick at linuxmafia.com
Tue May 24 00:48:48 PDT 2016
Quoting Daniel Gimpelevich (daniel at gimpelevich.san-francisco.ca.us):
> It was. I had intended to include the words "overturning Prop. 198"
> after the word "decision" but somehow, they were not in my final text.
California Democratic Party v. Jones, 530 U.S. 567 (2000).
https://supreme.justia.com/cases/federal/us/530/567/
[...] In no area is the political association's right to exclude more
important than in its candidate-selection process. That process often
determines the party's positions on significant public policy issues,
and it is the nominee who is the party's ambassador charged with winning
the general electorate over to its views. The First Amendment reserves a
special place, and accords a special protection, for that process, Eu,
supra, at 224, because the moment of choosing the party's nominee is the
crucial juncture at which the appeal to common principles may be
translated into concerted action, and hence to political power,
Tashjian, supra, at 216. California's blanket primary violates these
principles. Proposition 198 forces petitioners to adulterate their
candidate-selection process - a political party's basic function - by
opening it up to persons wholly unaffiliated with the party, who may
have different views from the party. Such forced association has the
likely outcome - indeed, it is Proposition 198's intended outcome - of
changing the parties' message. Because there is no heavier burden on a
political party's associational freedom, Proposition 198 is
unconstitutional unless it is narrowly tailored to serve a compelling
state interest. [...]
There were actually four plaintiffs: California Democratic Party,
California Republican Party, Libertarian Party of California, and
Peace and Freedom Party.
Stevens and Ginsberg find the majority's invention of a 'right not to
associate' laughable in this context, among other problems.
http://linuxmafia.com/~rick/election-2016-06-07.html is now patched up
to best ability. Thanks.
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