On November 5, the Arizona Libertarian and Green Parties asked the U.S. Supreme Court to hear their case against the discriminatory Arizona voter registration form. Even though Arizona has four qualified parties, the form only lists the two largest parties and gives them a checkbox. If a voter wants to register into the ballot-qualified plaintiff parties, the voter must write them in on the line marked “other”. Here is the cert petition. The case number is 15-598.

The reason the U.S. Supreme Court might plausibly take this case is that the Court needs to clarify the standards for such cases. Supposedly laws that discriminate against minor parties and independent candidates are subject to heightened scrutiny; only nondiscriminatory laws get rational basis review. But in this case, the Ninth Circuit did not apply heightened scrutiny even though the law is discriminatory.