On November 20, several Washington state officials asked the U.S. Supreme Court to hear the state’s appeal, on the validity of the “top-two” primary. The U.S. Supreme Court hasn’t assigned a case number yet, but the case, if accepted, would be called “State of Washington v Washington State Republican Party”.

The issue is whether the First Amendment Freedom of Association Clause permits a state to hold elections with party labels on the ballot, yet give the parties no ability to nominate candidates. The 9th circuit had ruled earlier this year that if Washington wants to have an election system in which all candidates run for a particular office on the same primary ballot, and the only the top-two vote-getters are allowed onto the November ballot, party labels must be omitted.