Briefing Schedule Set in South Carolina Republican Lawsuit on Open Primary

The Fourth Circuit has set a briefing schedule in Greenville County Republican Party v Greenville County Election Commission, 13-2170. This is the lawsuit filed by the Greenville County Republican Party, which wants to nominate its candidates in a primary that is only open to Republicans. The party’s brief is due January 27, 2014; the government’s response is due February 28; the party’s reply brief is due March 14.

The somewhat similar case filed by the Hawaii Democratic Party, pending in the Ninth Circuit, is not as far along as the South Carolina case. The Ninth Circuit still hasn’t made a determination that the Hawaii lawsuit can’t be settled by arbitration.

Ohio Attorney General, in Past, Has Suggested Law Banning False Campaign Statements has Constitutional Problems

As noted on January 10, the U.S. Supreme Court agreed to hear a case that challenges Ohio’s law that makes it illegal to make a false statement in an election campaign. According to this Columbus Dispatch story, in the recent past, Ohio Attorney General Mike DeWine has said in legal briefs that the Ohio law has constitutional problems. Yet, now it is his duty to defend the law. It is conceivable that the 2014 legislature might repeal or amend the law before the case is heard, however. Probably the U.S. Supreme Court hearing will be in April 2014.