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New York State Board of Elections v. Lopez Torres (docket #: 06-766) (2008)  [Findlaw]

Secondary Link New York State Board of Elections v. Lopez Torres  [Legal Information Institute]
Argument Date 10/03/2007
Decided 01/16/2008
Supreme Court Vote 9-0
Supreme Court Ruling First Amendment claim sustained as to political party
Issue What is the appropriate scope of First Amendment rights of voters and candidates within the arena of intraparty competition, and particularly where the State has chosen a party convention instead of a primary as the nominating process?
Majority Opinion Scalia, J.
Concurring Opinion Stevens, J. (joined by Souter, J.), Kennedy, J. (concurring in judgment) (joined by Breyer, J. as to Pt. 2)
Certiorari Granted 02/20/2007
Lower Court 2nd Circuit
Lower Court Ruling First Amendment claim denied as to political party
For Petitioner
Andrew J. Rossman (Akin Gump Strauss Hauer & Feld) & Theodore B. Olson (Gibson Dunn & Crutcher)

For Respondent
Deborah Goldberg (Brennan Center for Justice)

For Petitioner
Certiorari Petition

Petitioner's Reply Brief (NY County Dem. Comm.)

Petitioner's Reply Brief (NY St. Bd. Of Elections)

For Respondent
Brief in Opposition

Tony Mauro Analysis
"High court to revisit primary-election politics"

Opinion - Lower Court
López Torres v. New York State Board of Elections (2nd Cir., 2006)

AP, "Court upholds N.Y. system of choosing trial judges" (01/16/08)

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