Ninth Circuit Will Hear Arizona Green Party Lawsuit Against February Petition Deadline on May 11

The Ninth Circuit will hear Arizona Green Party v Reagan, 14-15976, on Wednesday, May 11, at 9 a.m., in San Francisco. This is the case that challenges Arizona’s February deadline for petitions to establish a political party. The Arizona primary is in August. The case arose around the 2014 election, when the Green Party submitted all its signatures to be a qualified party a few weeks late, because they couldn’t get the job done by the deadline. Even though the party brought all its completed petition sheets into court, to show the judge that they had done the job, U.S. District Court Judge Neil Wake said the party hadn’t presented any evidence that the February petition deadline is burdensome.

Judge Wake did say that the party could use those petitions to qualify for 2016, so the effort wasn’t entirely wasted. The Green Party is on the ballot in Arizona now.

Ninth Circuit Will Hear Hawaii and Montana Open Primary Lawsuits on May 4

The Ninth Circuit will hold oral argument in the Hawaii Democratic Party lawsuit against the open primary, and the Montana Republican Party lawsuit against the open primary, on May 4, in Portland, Oregon. The laws were upheld in each of the cases in the lower courts, on the grounds that the two parties didn’t present enough evidence to show that the open primaries of those states injures the parties. Each hearing will last twenty minutes, and they will be in front of the same three judges. Ravalli County Republican Central Committee v McCulloch, 15-35044; and Democratic Party of Hawaii v Nago, 13-17545.

U.S. Government Needs More Time to Write Response Brief in U.S. Supreme Court on Samoan Citizenship Case

The United States government response brief in Tuaua v U.S., 15-981 in the U.S. Supreme Court, was due on March 2. However, the government asked for, and received, an extension of time to April 1. This is the case about the meaning of this part of the Fourteenth Amendment: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The voters who brought the case were born in American Samoa and argue that they should be deemed citizens, and should not need to go through the naturalization process. Most of the voters who brought the case live in one of the fifty states, but they can’t vote because they haven’t used the naturalization process. Famous attorney Ted Olson represents them.

According to this statement on the web page of the supporters of the case, seven amicus curiae briefs are being filed in the U.S. Supreme Court. The U.S. Supreme Court already shows that the amicus briefs of the Puerto Rican Bar Association, some scholars of constitutional law, and the League of United Latin American Citizens, have been filed. Thanks to Rick Hasen for that link.

New York Times Story on Republican Leaders Who Want a “Third Party” Choice for President

This New York Times story talks about leading Republican Party figures who say they would back a “third party” for President if Donald Trump becomes the nominee. The story mentions the Libertarian Party and the Constitution Party. Generally, the New York Times never mentions the Libertarian Party. Even when Gary Johnson declared for the Libertarian nomination on January 6, 2016, an announcement that received coverage in virtually all daily newspapers in the U.S., the New York Times did not mention the Johnson announcement, at least not in the paper edition.