Wednesday, June 17, 2009

Reasoning of the court

Justice Byron White wrote Munro v Socialist WorkersParty. He wrote all the ballot access decisions thatwere unfavorable to minor parties and independentcandidates between the years 1972 and 1993 (and thenhe left the Court). From a another bistanders view who have attended oral argument inStorer v Brown in 1973. White got very emotional atone point in the argument, when it appeared that theACLU attorney (Joseph Remcho) had identified a pointon which the state couldn't possibly win. Californialaw even said an independent candidate could not havevoted in the nonpartisan primary! White stammered andchoked and finally blurted out that this point wouldneed to be remanded to a state court (that didn'tactually happen, though).

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