On March 24, the U.S. Supreme Court refused to hear Citizens United v Federal Election Commission, 07-953. This is the case brought by people who wanted to make and advertise a film that would be shown in theaters and would try to make a profit. Yet the subject of the film would be to attack Hillary Clinton. The group wanted to be free of campaign finance reporting requirements.

Technically, the Court ruled that it doesn’t have jurisdiction to hear this case, because of procedural problems. This is slightly different than merely choosing not to hear the case.

The nation’s first winning challenge to open primaries (as opposed to blanket primaries and top-two primaries) is now over. The case Miller v Brown, from Virginia, has ended. This is the case in which the Republican Party of Virginia sued in 2005, alleging that it has a constitutional right to exclude non-members from its primaries. Both the US District Court, and the 4th Circuit, gave partial relief. The period for either side to appeal to the U.S. Supreme Court has ended, and neither side sought U.S. Supreme Court intervention.

So, the decision stands. The Republican Party bylaw can be implemented in cases in which the party is being forced to hold a primary. But it may not be implemented in situations in which the party is free to decide whether to use a primary or a convention or caucus. The Bylaw says any subunit of the party may require that people who voted in the Democratic primary in the last five years cannot vote in a Republican primary unless they sign a pledge that they are loyal Republicans.

The only other lawsuit pending against open primaries is the Mississippi Democratic case, which is pending in the 5th circuit.

The Personal Choice Party, which has existed in Utah ever since 2004, tried but failed to re-qualify for the Utah ballot this year. The party had polled enough votes in 2004 so that it was on automatically in 2006, but it did not poll enough votes in 2006 to be on automatically in 2008.

The party needed 2,000 valid signatures, but submitted only approximately 1,800.

Utah lists the qualified parties on its state income tax forms. In 2005, the first year the Personal Choice Party was listed on those forms, it received $17,200, or 9% of all the donations given to all political parties that year. In 2006 it received $6,668 and 2007 it received $6,042. These lesser amounts were still more than twice as much as any other minor party received. However, the Personal Choice Party never received these donations. It had no bank account and no treasurer, so the money reverted to the state. The Personal Choice Party was also unusual in having Bylaws that could not be changed, and a policy of never having party conventions. The party’s logo on the ballot was the well-known “smiley face” button.