On May 12, U.S. District Court Waverly Crenshaw, an Obama appointee, issued an order in Newsom v Golden, m.d., 3:22cv-318. The issue was action by the Tennessee Republican Party to keep Robby Starbuck Newsom off the August 2022 Republican primary ballot as a candidate for U.S. House, 5th district. The party has a bylaw saying no one can run in its primary who has not voted in three of the last four Republican primaries. Newsom couldn’t comply with that rule because he hadn’t lived in Tennessee long enough.
The order says that Newsom is guilty of laches, because he was barred from the ballot on April 19 but he didn’t sue until May 2. It also suggests that parties have a freedom of association to control who runs in its primaries. The order acknowledges the precedents that strike down laws that add to the constitutional qualifications, but finds that the issue is not clear-cut. Therefore, because injunctions can only be issued when it is clear the moving party is very likely to win the case eventually, relief was denied.