Here is a newspaper story about the oral argument in the 5th circuit in Mississippi Democratic Party v Barbour, 07-60667. The case was argued on March 5 in front of these 3 judges: Edith Jones and W. Eugene Davis (Reagan appointees), and Emilio M. Garza (a Bush Sr. appointee).

The issue is whether the Mississippi Democratic Party can close its primaries to individuals who refuse to declare that they are party members. Mississippi does not have registration by party.

Judge Davis is from Louisiana, and the other two judges are from Texas. Texas does not have registration by party. Louisiana does have registration by party, but has had a recent tradition that parties don’t nominate candidates (although that has recently changed for Congressional elections). The decision, when it comes out, will be interesting for a variety of reasons. One is that these judges will be very conscious that their opinion will have a big impact in all 3 states of the 5th circuit, not just on Mississippi alone.

Another reason the decision will be interesting, is that the judges will invariably say something about the January 2008 U.S. Supreme Court opinion New York State Board of Elections v Lopez Torres. Thanks to Steve Rankin for the link.