In American Party of Texas v. White, 415 U.S. 767 (1974), this Court held that it
is "too plain for argument" that a State may require intraparty competition to be
resolved either by convention or primary. Did the Second Circuit run afoul of White
by mandating a primary in lieu of a party convention for the nomination of
candidates for New York State trial judge?
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
(a) Did the Second Circuit err, as a threshold matter, in applying this Court's
decision in Storer v. Brown, 415 U.S. 724 (1974) and related ballot access cases,
which were concerned with the dangers of "freezing out" minor party and non-party
candidates, to internal party contests?
(b) If Storer does apply, did the Second Circuit run afoul of Storer in holding that
voters and candidates are entitled to a "realistic opportunity to participate" in the
party's nomination process as measured by whether a "challenger candidate" could
compete effectively against the party-backed candidate?