On June 8, the Tenth Circuit refused to reconsider its earlier decision in Utah Republican Party v Cox, 16-4091. The earlier decision said that the Utah procedures for parties to nominate candidates are constitutional. The Republican Party had filed this case, arguing that it does not want candidates to get on the Republican Party primary ballot unless they have substantial support at a party meeting. But the law permits such candidates if they submit a petition.

The June 8 order, denying rehearing, said that the original decision would be slightly amended by adding footnote 29. That footnote says, “Our decision addresses only the issues presented to us. We do not address the reach of governmental power to regulate other associational nominating decisions.” The purpose of that footnote is to protect associations that are not political parties from being told how to conduct their affairs.