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merrily

(45,251 posts)
18. The issue in my post is not closed primaries, but deadlines and democracy,
Wed Apr 20, 2016, 05:42 AM
Apr 2016

not what courts rule because of balance of power concerns.

My reply 1 said I had not seen anyone claim unconstitutionality at DU. I said nothing about the court claim.

Do you really think that a closed primary with a deadline that requires switching 6 to 11 months in advance is democratic?

I'm sure the SCOTUS has ruled on the constitutionality of closed primaries several times with regard to the closed primaries in several states-otherwise, they wouldn't exist.


Huh? The existence of a statute doesn't depend on whether the SCOTUS has ever ruled on it or not. Besides, this has nothing to do with my points.

They may have included the unconstitutionality argument to preserve for appellate review but that's not likely in a trial court-
'

Huh? Appellate review is, by definition, not only unlikely in a trial court but completely impossible.

I have no idea what you are trying to say, but please don't elaborate. I don't need this kind of primer on the judicial system. Thanks anyway.
No Party Changes Allowed (NY 2008) [View all] LiberalFighter Apr 2016 OP
I haven't seen anyone here claim it's unconstitutional. It is, however, undemocratic. merrily Apr 2016 #1
So are caucuses. Zynx Apr 2016 #2
That a lawyer even took the NY deadline case to court is very telling. merrily Apr 2016 #4
Not really. Lawyers take nonsense cases to court all the time. Zynx Apr 2016 #6
Baloney. Lawyers can be personally liable for fines for filing frivolous lawsuits. Besides, this merrily Apr 2016 #8
Poster, please. merrily Apr 2016 #9
Verified Pleading Filed Today Claimed it Was Unconstitutional Stallion Apr 2016 #5
Please see Reply 7. merrily Apr 2016 #10
Oh I Understand-but When a Case Stands 44 Years Then the District Court is Likely to Rule In Favor Stallion Apr 2016 #14
The issue in my post is not closed primaries, but deadlines and democracy, merrily Apr 2016 #18
You Might Want to Re-Read that SCOTUS Case Which Clearly Upheld the New York Deadlines Stallion Apr 2016 #19
Awww, but I do understand what I am talking about. You apparently did not understand my post or you merrily Apr 2016 #20
Things only get settled until the next lawsuit... if the argument is made on different issues HereSince1628 Apr 2016 #11
Thurgood Marshall dissented, agreeing that this disenfranchises voters. -nt- chascarrillo Apr 2016 #3
5-4 SCOTUS decision. Four of five justices in the majority were nominated by Republicans. merrily Apr 2016 #7
Interesting point! GreenPartyVoter Apr 2016 #12
Not quite. The majority included White, a Kennedy appointee. JustinL Apr 2016 #16
THANK YOU FOR CORRECTING! I am not sure how I misread the info. merrily Apr 2016 #17
Everything old is new again Lucinda Apr 2016 #13
Interesting and in 2008 NY held their primary on February 5th, not two months later. nt slipslidingaway Apr 2016 #15
Latest Discussions»Retired Forums»2016 Postmortem»No Party Changes Allowed ...»Reply #18