The Ninth Circuit will hold oral argument in the Hawaii Democratic Party lawsuit against the open primary, and the Montana Republican Party lawsuit against the open primary, on May 4, in Portland, Oregon. The laws were upheld in each of the cases in the lower courts, on the grounds that the two parties didn’t present enough evidence to show that the open primaries of those states injures the parties. Each hearing will last twenty minutes, and they will be in front of the same three judges. Ravalli County Republican Central Committee v McCulloch, 15-35044; and Democratic Party of Hawaii v Nago, 13-17545.
The Montana case is for a preliminary injunction. The merits case is ongoing.