Back on September 22, 2008, Bob Barr won a federal court injunction against Massachusetts, over whether his name should be on the ballot even though the party had used a stand-in on its presidential petition. The case was called Barr v Galvin. The memorandum and order of Judge Nathaniel Gorton is now reported at 584 F Supp 2d 316.

When a case is “reported”, that means it is printed in the Federal Supplement, a series of books that is found in every law library. Cases that are reported can more easily be cited as precedents. Judges decide which of their decisions should be reported. In the past, many federal ballot access victories have not been reported, which diminishes their usefulness. For example, the only other federal court victory on presidential substitution, a 1996 decision won by the Libertarian Party against Florida, is not reported. Barr v Galvin is the first reported decision on presidential substitution.

States that have refused to permit presidential substitution are Alabama, Maine, and New Hampshire, and having Barr v Galvin reported may help to persuade state legislators in those states to revise the law on that point.