Both sides in Mississippi Democratic Party v Barbour have appealed the U.S. District Court decision to the 5th circuit. The Democratic Party ostensibly won the case in the U.S. District Court. The U.S. District Court agreed with the Democratic Party, that an open primary is unconstitutional if a party objects. The state of Mississippi appealed that decision. But the Democratic Party also appealed, since the lower court decision said the party had to require photo voter-ID at the polls for its primaries. Also, the NAACP, which had intervened in the case in June 2007, is appealing. The NAACP is also opposed to a photo voter-ID requirement for voting at the polls.
Judge Allen Pepper issued his original ruling on June 8. He then ruled on the motions on July 17. The NAACP was not mentioned as an intervenor until the July ruling.
Pepper also ordered party registration, but that is not being appealed.
Interestingly, in his July 17 order, the judge deleted the “photo” from “photo voter ID.”
It’s possible that the 4th Circuit will dismiss the Virginia Republicans’ similar lawsuit– Miller v. Brown— on a technicality. If that happens, the Mississippi Democrats’ suit could be positioned to precipitate a landmark ruling from the U. S. Supreme Court.
Good commentary on this lawsuit and Judge Pepper’s ruling is at Yall Politics.