On July 3, the Hawaii Democratic Party filed this reply brief in Democratic Party of Hawaii v Nago, in the Ninth Circuit. The issue originally was whether the party has a right to close its primary to just members. On appeal, the issue is whether the Hawaii law, telling all qualified parties that they must have open primaries, is unconstitutional on its face, or just as applied to parties that don’t want an open primary. The reply brief deals with that issue.
Unlike most legal briefs, it has relatively little reference to precedents, and instead depends on logic, and examples, to make its points. The brief has a very interesting analogy to a hypothetical law establishing one particular religion as a state religion. Even if you don’t normally read briefs, consider reading this one.