Scotusblog is the best-known and most prestigious blog for neutral, objective information about activities of the U.S. Supreme Court. The authors of the blog regularly examine all the cert petitions and report on those which seem to have some reasonable chance of getting the attention of the Court. The August 19 “petition of the day” is the New Hampshire Libertarian Party case, 11-119. The issue is whether the Constitution protects a party’s name, when party names are printed on a ballot.

In 2008 the New Hampshire Secretary of State listed two presidential candidates on the November ballot with the label “Libertarian”, one of whom was the party’s nominee and one of whom was not. The party sued, but the lower courts ruled that the U.S. Constitution’s freedom of association clause contains no protection for party names on the ballot. By contrast, the 10th circuit had ruled in 1984 that parties do have an ability to protect their names from being printed on the ballot next to the names of candidates who were not nominated by that party. Thanks to Thomas Jones for this news.