Both Sides File Briefs for Summary Judgment in Barr v Massachusetts Case

On March 31, both sides in Barr v Galvin filed briefs asking for summary judgment. Barr v Galvin is the case in U.S. District Court in Massachusetts over whether the Libertarian Party had a right to use a stand-in presidential candidate on its 2008 petition. Although last year the judge had granted injunctive relief to Barr and the Libertarian Party, on the basis that Massachusetts’ policy (of refusing to permit presidential stand-ins) is probably unconstitutional, he has not yet ruled specifically that the policy is unconstitutional. The fact that both sides have asked for summary judgment shows that both sides agree no further fact-finding is needed. A ruling will probably be out in sixty days or less. Then, apparently, if the judge does indeed rule that the Constitution protects presidential stand-ins, Massachusetts expects to appeal to the First Circuit.


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