US Supreme Court Docket
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New York State Bd. of Elections v. Torres
No. 06-766
Title:
Parties
For Petitioner New York State Board of Elections:
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No. 06-766
-
New York State Board of Elections, et al. v. Margarita Lopez Torres, et al.
Subject:
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Elections, Party Primaries, American Party of Texas v. White, First Amendment, Party Conventions, Minor Parties
- 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
process?
(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?
- U.S. Court of Appeals - 2nd Circuit
Opinion Filed: March 8, 2006
- United States Supreme Court, Cert. Granted: August 30, 2006
Resources:
- Docket Sheet From the U.S. Supreme Court.
- Northwestern University - Medill School of Journalism: On the Docket -- Coming Soon
Parties
-
Coming Soon
For Petitioner New York State Board of Elections:
Theodore B. OlsonFor Respondent:
Gibson Dunn & Crutcher LLP
Washington, DC
Deborah Goldberg
Brennan Center for Justice at NYU School of Law
New York, NY
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