California Democratic Party v. Jones

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California Democratic Party v. Jones

Supreme Court of the United States
Argued April 24, 2000
Decided June 26, 2000
Full case name: California Democratic Party, et al. v. Bill Jones, Secretary of State of California, et al.
Citations: 530 U.S. 567; 120 S. Ct. 2402; 147 L. Ed. 2d 502; 2000 U.S. LEXIS 4303; 68 U.S.L.W. 4604; 2000 Cal. Daily Op. Service 5083; 2000 Daily Journal DAR 6777; 2000 Colo. J. C.A.R. 3867; 13 Fla. L. Weekly Fed. S 479
Prior history: On writ of certiorari to the United States Court of Appeals for the Ninth Circuit
Holding
The Court held that California's blanket primary violates a political party's First Amendment freedom of association.
Court membership
Chief Justice: William Rehnquist
Associate Justices: John Paul Stevens, Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer
Case opinions
Majority by: Scalia
Joined by: Rehnquist, O'Connor, Kennedy, Souter, Thomas, Breyer
Concurrence by: Kennedy
Dissent by: Stevens
Joined by: Ginsburg (part I)
Laws applied
California's prop. 198

California Democratic Party v. Jones, 530 U.S. 567 (2000)[1], was a case in which the United States Supreme Court held that California's blanket primary violates a political party's First Amendment freedom of association.

[edit] Prior history

In California, candidates for public office can gain access to the general ballot by winning a qualified political party's primary. In 1996, voter approved Proposition 198 changed California's partisan primary from a closed primary, in which only a political party's members can vote on its nominees, to a blanket primary, in which each voter's ballot lists every candidate regardless of party affiliation and allows the voter to choose freely among them. The candidate of each party who wins the most votes is that party's nominee for the general election. The California Democratic Party, the California Republican Party, the Libertarian Party of California, and the Peace and Freedom Party have historically prohibited nonmembers from voting in their party's primary. Each political party filed suit against Bill Jones, the California Secretary of State, alleging that the blanket primary violated their First Amendment right of association. Jones countered that a blanket primary will intensify the election and allow for better representation in elected office. Siding with Jones, the District Court held that the primary's burden on the parties' associational rights was not severe and was justified by substantial state interests. The Court of Appeals affirmed.

[edit] Case

California Democratic Party v. Jones presented the following question: Does California's voter-approved Proposition 198, which changes its partisan primary from a closed primary to a blanket primary, violate political parties' First Amendment right of association?

In a 7-2 opinion delivered by Justice Antonin Scalia, the Court held that California's blanket primary violates a political party's First Amendment right of association. "Proposition 198 forces political parties to associate with -- to have their nominees, and hence their positions, determined by -- those who, at best, have refused to affiliate with the party, and, at worst, have expressly affiliated with a rival," wrote Justice Antonin Scalia for the majority. "A single election in which the party nominee is selected by nonparty members could be enough to destroy the party." Justice Scalia went on to state for the Court that Proposition 198 takes away a party's "basic function" to choose its own leaders and is functionally "both severe and unnecessary."

Justices John Paul Stevens and Ruth Bader Ginsburg dissented. Stevens wrote: "This Court's willingness to invalidate the primary schemes of 3 States and cast serious constitutional doubt on the schemes of 29 others at the parties' behest is an extraordinary intrusion into the complex and changing election laws of the States."

[edit] External link