Are Open Primaries Unconstitutional? SCOTUS May Decide

Are Open Primaries Unconstitutional? SCOTUS May Decide
Published: 11 May, 2017
1 min read

The justices on the Supreme Court will consider taking up two cases challenging open primaries in Montana and Hawaii Thursday. The lawsuits were brought by the majority parties in each state (Democratic Party in Hawaii; Republican committees in Montana), both asserting that the open primary system severely burdens their First Amendment right to association.

Up to this point, lower courts in both cases have ruled that neither the Democratic Party in Hawaii nor the Republican Party in Montana presented sufficient evidence to make their case. Will the Supreme Court find differently?

READ MORE: SCOTUS Sets Conference Date for Hawaii, Montana Open Primary Cases

ALSO READ: SCOTUS Hints Partisan Open Primaries May Be Unconstitutional

Photo Credit: Tinnaporn Sathapornnanont / shutterstock.com

You Might Also Like

New IVP 2026 California Governor Poll: What the Toplines Don’t Tell You
New IVP 2026 California Governor Poll: What the Toplines Don’t Tell You
Using verified California voter file data, IVP surveyed high-propensity voters from February 13 through 20. The poll tested first-choice ballot preferences alongside issue intensity on affordability and the cost of living, immigration enforcement, more choice reform, and more....
23 Feb, 2026
-
10 min read
81% of Americans Say Money Controls Politics – Can a Constitutional Amendment Fix It?
81% of Americans Say Money Controls Politics – Can a Constitutional Amendment Fix It?
Polls consistently show that nearly all Americans across the political spectrum agree that there is too much money in politics – whether from foreign sources, corporations, or so-called “dark money” groups. ...
23 Feb, 2026
-
13 min read
10 Reasons Why the Congressional Stock Trading Ban Will Never Pass
10 Reasons Why the Congressional Stock Trading Ban Will Never Pass
The overlap between committee assignments and stock ownership is not automatically illegal. Because the current legal framework permits this proximity as long as disclosure rules are followed, lawmakers are not operating under a system that forces change....
20 Feb, 2026
-
4 min read