This CATO article by Andy Craig says the First Amendment freedom of association clause protects the ability of two parties to jointly nominate the same candidate if they wish. It says the U.S. Supreme Court was wrong to uphold a ban on fusion in Timmons v Twin City Area New Party.

UPDATE: a slight error in the he article has been corrected. The story originally said Earl Warren was the nominee of three parties in California in 1946. He was the nominee of the Republican Party and the Democratic Party, but not the Progressive Party. There was no Progressive Party on the ballot in California in 1946. The Prohibition Party was the only third party in California that year, but it had its own nominee.

On September 23, James R. Adams won a procedural victory in U.S. District Court, in Adams v Carney, 1:20cv-1680. This is the case that challenges the Delaware law that requires most state judges to be registered members of the Democratic or Republican Party. The ruling says he does have standing.

This is the second lawsuit Adams has filed against the Delaware restriction. In the first one, he won in U.S. District Court and in the Third Circuit, but then the U.S. Supreme Court said he lacked standing because he hadn’t actually concretely applied for a judicial post. After that decision, Adams did concretely apply for various judicial appointments, and he has now done so five times. Therefore, his new case is stronger.

Because he already won on the merits in the first case, in the Third Circuit, it seems very likely that he will win his new case soon. Thanks to ElectionLawBlog for this news. Here is the 21-page decision, which is by U.S. District Court Judge Maryellen Noreika, a Trump appointee.

The Second Circuit heard Libertarian Party of New York v New York State Board of Elections, 22-44, on September 6. As of Saturday, September 24, it hasn’t issued any ruling. This is the ballot access case, against the 2020 election law changes that tripled the number of signatures for statewide office, and made the definition of a qualified party far more difficult.