On May 23, the 4th circuit heard the Republican Party’s appeal in Miller v Brown. The issue is whether the party can exclude non-members from voting in Republican primaries. This is not easy, since Virginia doesn’t have registration by parties. The hearing went well for the Republican Party, on the procedural issue of whether the case is ripe for adjudication. Since the Republican Party’s rule won’t be applied until the 2007 state elections, the lower court had dismissed it on the grounds that it had been filed too early. The 4th circuit is likely to send it back to the U.S. District Court, with instructions to decide the main issue without further delay.