On April 25, the Institute for Free Speech filed this 14-page amicus curiae brief in Utah Republican Party v Cox, 16-4091. The case itself is over whether the Utah Republican Party must permit petitioning candidates to get on its primary ballot, or whether it should be allowed to limit its primary ballot to candidates who showed substantial support at a party meeting. The party lost the case by 2-1 on March 20, but then asked for reconsideration. The panel has asked the state to respond to the request for reconsideration, which shows the judges are taking the request seriously.
The Institute for Free Speech attacks the majority opinion for holding that an association’s interest should be determined, not by what the group’s official position is, but on what the majority imagines is the interest of the rank-and-file members of the association.