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Washington State Grange v. Washington State Republican Party (docket #: 06-713) (2008)  [Findlaw]

Secondary Link Washington State Grange v. Washington State Republican Party  [Legal Information Institute]
Argument Date 10/01/2007
Decided 03/18/2008
Supreme Court Vote 7-2
Note Washington et al. v. Washington State Republican Party et al is the companion case. Of particular note in this case are the majority opinion's comments concerning facial challenges to allegedly unconstitutional laws. See text accompanying note 6.
Supreme Court Ruling Reversed: First Amendment claim denied
IssueWhether a so-called "blanket primary" is truly non-partisan if candidates are allowed to identify their parties on the common ballot, and the top two winners are nominated to run in the general election. The Democratic, Republican and Libertarian Parties challenge the law, claiming that it unconstitutionally restrains their supporters’ freedom of association.
Majority Opinion Thomas, J.
Concurring Opinion Roberts, C.J. (joined by Alito, J.)
Dissenting Opinion Scalia, J. (joined by Kennedy, J.)
Certiorari Granted 02/26/2007
Lower Court 9th Circuit
Lower Court Ruling First Amendment claim sustained.
Oral Arguments Transcript
For Petitioner
For State of Washington: James K. Pharris, Assistant Attorney General

For Washington State Grange, Thomas Fitzgerald Ahearne

For Respondent
For Libertarian Party of Washington: Richard D. Shepard (Shepard Law Office)

For Washington State Democratic Central Committee: David T. McDonald (Preston Gates & Ellis)

For Washington State Republican Party: John J. White Jr. (Livengood Fitzgerald & Alskog)

For Petitioner
Petition for Certiorari

For Respondent
Brief in Opposition (Washington State Republican Party)

Reply Brief (Washington State Democratic Central Committee)

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

Opinion - Lower Court
Washington State Republican Party v. State of Washington (9th Cir., 2006)

AP, "Court upholds Wash. 'top 2' primaries"

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