On September 19, the Ninth Circuit ruled that it has no jurisdiction to hear an appeal of the U.S. District Court decision Idaho Republican Party v Ysursa. In that case, on March 2, 2011, the U.S. District Court had ruled that if the Republican Party wants to exclude sympathizers of other parties from its primaries, it may do so. The state, which had lost this case, did not appeal, and changed its election law to let qualified parties close their primaries.
Voters in Idaho who did not agree with the U.S. District Court decision, and who had been permitted to intervene in the case while it was in the U.S. District Court, appealed to the 9th circuit. But the 9th circuit said, “As a general rule, if a challenged law is repealed or expires, the case becomes moot.”
Opponents of the closed Republican Party in Idaho are free to file a new lawsuit, alleging that the new law is unconstitutional, although such a case would probably lose. The new law permits parties that wish to retain open primaries to do so, and the other qualified parties in Idaho (Democratic, Libertarian, Constitution) are expected to retain open primaries for themselves.