U.S. Supreme Court Hears Case Involving Rights of Independent and Minor Party Members on Monday, October 5

On Monday, October 5, at 10 a.m., the U.S. Supreme Court will hear Carney v Adams, 19-309. This is the case over Delaware’s law that says most judicial appointments can only go to individuals who are registered members of a party that has at least 5% of the voter registration. The lower courts had invalidated the law. The plaintiff is a registered independent who would like to be considered for a judicial appointment.

The case was originally set to be argued on March 25, 2020, but was postponed due to the health crisis. The oral argument will be broadcast. Here is the Court’s explanation of how the hearing will be broadcast.

The court is sitting virtually. Each justice in turn has an opportunity to ask questions. There are only eight justices. The hearing will probably last one hour.

This is the first case involving independent and minor party voters that the court has heard since 2005. The 2005 case was about whether the Oklahoma Libertarian Party had a freedom of association right to decide for itself who can vote in its primary. The party lost the case by a vote of 6-3. Clingman v Beaver.

Maine Republicans Ask U.S. Supreme Court to Stop Ranked Choice Voting for President

On Friday, October 2, Maine Republican opponents of ranked choice voting asked the U.S. Supreme Court to stop use of ranked choice voting for president. Here is the brief. Jones v Dunlap, 20A57. The merits of the case do not concern ranked choice voting, but the constitutionality of the Maine law that kept the referendum petition off the ballot. That law requires referendum petitioners to be registered voters.