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stopbush

(24,852 posts)
10. No blinders. The rules are what they are.
Tue Apr 19, 2016, 02:18 PM
Apr 2016

As far as closed primaries, please read the SCOTUS decision in the CA Blanket primary case, where they ruled 7-2 in favor of closed primaries and even questioned the legality of open primaries:

https://www.oyez.org/cases/1999/99-401

"In a 7-2 opinion delivered by Justice Antonin Scalia, the Court held that California's blanket primary violates a political party's First Amendment right of association. "Proposition 198 forces political parties to associate with -- to have their nominees, and hence their positions, determined by -- those who, at best, have refused to affiliate with the party, and, at worst, have expressly affiliated with a rival," wrote Justice Antonin Scalia for the majority. "A single election in which the party nominee is selected by nonparty members could be enough to destroy the party." Justice Scalia went on to state for the Court that Proposition 198 takes away a party's "basic function" to choose its own leaders and is functionally "both severe and unnecessary." Justices John Paul Stevens and Ruth Bader Ginsburg dissented. "This Court's willingness to invalidate the primary schemes of 3 States and cast serious constitutional doubt on the schemes of 29 others at the parties' behest is," Justice Stevens wrote, "an extraordinary intrusion into the complex and changing election laws of the States."

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