Texas Won’t Defend its Open Primary in Court

On September 4, the Texas Republican Party filed a federal lawsuit, alleging that the party has a constitutional right to a closed primary instead of an open primary. Hunt v State, n.d., 2:25cv-200. On October 9, the Texas Attorney General filed this motion, saying that the state will not defend its own election law, and that the state agrees with the plaintiffs.

Presumably, supporters of the status quo will now file an amicus curiae brief to defend the law. That is the normal procedure when a state won’t defend the constitutionality of its own laws. Thanks to Linda Curtis for the link.