U.S. Supreme Court Won’t Hear Case on California Presidential Primaries

Posted on by December 13, 2023

On December 11, the U.S. Supreme Court refused to hear Boydston v Weber, 23-439. This is a case challenging aspects of the California presidential primary. It was filed by voters who believe that because California holds presidential primaries for its six qualified parties, the Constitution demands that California hold a presidential primary just for independent voters. That ballot would contain the name of all the presidential candidates listed in all six of the partisan presidential primaries. The case was filed by persons associated with the Independent Voters Project, and was originally in state court.

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U.S. Supreme Court Won’t Hear Case on California Presidential Primaries — 16 Comments

  5. https://www.yahoo.com/news/supreme-court-hear-case-could-143456759.html

    Supreme Court will hear a case that could undo Capitol riot charge against hundreds, including Trump
    MARK SHERMAN
    Wed, December 13, 2023 at 9:34 AM EST·

    ASSOCIATED PRESS

    WASHINGTON (AP) — The Supreme Court on Wednesday said it will hear an appeal that could upend hundreds of charges stemming from the Capitol riot, including against former President Donald Trump.
    The justices will review an appellate ruling that revived a charge against three defendants accused of obstruction of an official proceeding. The charge refers to the disruption of Congress’ certification of Joe Biden’s 2020 presidential election victory over Trump.
    That’s among four counts brought against Trump in special counsel Jack Smith’s case that accuses the 2024 Republican presidential primary front-runner of conspiring to overturn the results of his election loss. Trump is also charged with conspiracy to obstruct an official proceeding.
    The court’s decision to weigh in on the obstruction charge could threaten the start of Trump’s trial, currently scheduled for March 4. The justices separately are considering whether to rule quickly on Trump’s claim that he can’t be prosecuted for actions taken within his role as president. A federal judge already has rejected that argument.
    The obstruction charge has been brought against more than 300 defendants in the massive federal prosecution following the deadly insurrection on Jan. 6, 2021, when a mob of Trump supporters stormed the Capitol in a bid to keep Biden, a Democrat, from taking the White House.
    A lower court judge had dismissed the charge against three defendants, ruling it didn’t cover their conduct.
    U.S. District Judge Carl Nichols found that prosecutors stretched the law beyond its scope to inappropriately apply it in these cases. Nichols ruled that a defendant must have taken “some action with respect to a document, record or other object” to obstruct an official proceeding under the law.
    The Justice Department challenged that ruling, and the appeals court in Washington agreed with prosecutors in April that Nichols’ interpretation of the law was too limited.
    Other defendants, including Trump, are separately challenging the use of the charge.
    One defendant, Garret Miller, has since pleaded guilty to other charges and was sentenced to 38 months in prison. Miller, who’s from the Dallas area, could still face prosecution on the obstruction charge. The other defendants are Joseph Fischer, who’s from Boston, and Edward Jacob Lang, of New York’s Hudson Valley.
    More than 1,200 people have been charged with federal crimes stemming from the riot, and more than 650 defendants have pleaded guilty.
    —-

    23-5572 FISCHER, JOSEPH W. V. UNITED STATES

    ZILLION MORE AMICUS BRIEFS = NO SLEEP FOR SCOTUS CLERKS FOR MORE MONTHS

  6. https://www.yahoo.com/news/court-rejects-donald-trumps-request-141737899.html

    Trump loses immunity bid in Carroll defamation suit, to seek Supreme Court review
    Jonathan Stempel and Luc Cohen
    Wed, December 13, 2023 at 9:17 AM EST·

    By Jonathan Stempel and Luc Cohen
    NEW YORK (Reuters) -Donald Trump cannot assert presidential immunity from a defamation lawsuit by writer E. Jean Carroll, who accused him of rape, a U.S. appeals court ruled on Wednesday, dealing the former U.S. president another legal setback.
    The 2nd U.S. Circuit Court of Appeals in Manhattan upheld a federal judge’s decision to reject Trump’s claim of immunity, finding Trump had waited too long to raise it as a defense.
    Alina Habba, one of Trump’s lawyers in the case, called the ruling “fundamentally flawed” and said Trump would seek “immediate review” from the Supreme Court.
    Carroll in the lawsuit sought at least $10 million in damages from Trump over comments he made in June 2019, when he was president, after she first publicly accused him of raping her in a Manhattan department store dressing room in the mid-1990s. Trump denied knowing Carroll, said she was not his “type,” and that she made up the rape claim to promote her upcoming memoir.
    —-
    NO SLEEP FOR COURTS UNTIL AFTER 20 JAN 2025 NOON — OR MUCH LATER ???

  12. A State-run primary for independent voters to pick one of the partisan candidates? That’s… um… an idea. How would they appear on the general election ballot? California doesn’t have fusion?

    AZ, I don’t read your posts when you post assorted political news articles.

  13. California does have fusion for president. But the winner of the independent presidential primary almost certainly would not appear on the general election ballot. People who win presidential primaries (in all states) don’t necessarily appear on the general election ballot. In the end, all presidential primaries are “beauty contests”. They determine which delegates go to the national convention, but if there is a 2nd ballot at the convention, those delegates just might vote for someone else for president.

    There is no direct link between winning a presidential primary and appearing on the November ballot.

    Hubert Humphrey was the Democratic presidential nominee in 1968 and he did not run in any presidential primary that year.

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