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: inversecondemnation

Fourth Circuit on Open Primaries

By rht

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Following up on a recent post about a possible legal challenge to Hawaii's system of "open" primaries: the U.S. Court of Appeals for the Fourth Circuit (Maryland, W. Virginia, Virginia, North and South Carolina) has denied rehearing/en banc review to a panel decision declaring Virginia's open primary unconstitutional. Circuit Judge Wilkinson dissents in a detailed 20 page opinion that is worth reading for anyone interested in this area of voting rights and first amendment law. Miller v. Cunningham, No. 06-2335 (Dec. 20, 2007). Thanks to Election Law blog for publicizing the case.

Full post as published by inversecondemnation on January 02, 2008 (boomark / email).

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