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Are Open Primaries Unconstitutional? SCOTUS May Decide

Created: 11 May, 2017
Updated: 17 October, 2022
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