Ever since 2014, some Montana Republican County Central Committees have been trying to win a federal lawsuit against the open primary as applied to the Republican Party. The case is Ravalli County Republican Central Committee v McCulloch, cv14-58. On May 2, the county parties filed paperwork with the U.S. District Court voluntarily dropping the case within the U.S. District Court. That means the trial, to present evidence on whether the open primary harms the party, will not be held.

However, the county Republican Parties are still pressing ahead with their appeal of an earlier decision by the U.S. District Court not to enjoin the 2016 open primary. That appeal will be argued in the Ninth Circuit on May 4, in Portland, Oregon.

The state Republican Party had joined this case after it had been filed, but recently dropped out of the case. The three judges who will be hearing the Ninth Circult appeal are Judges A. Wallace Tashima, Richard Tallman (both are Clinton appointees), and AndrewHurwitz (an Obama appointee). Thanks to Mike Fellows for this news.