Court rules in favor of Washington state primary
WASHINGTON (AP) - March 18, 2008 By a 7-2 vote, the court says the state may use a primary system
that allows the top two vote-getters to advance to the general
election, even if they are from the same party.
Washington never held a primary under the new system because of
legal challenges.
Writing for the majority, Justice Clarence Thomas said that
overturning Washington's plan would have been an "extraordinary
and precipitous nullification of the will of the people."
In dissent, Justice Antonin Scalia said Washington's system
would cause a political party to be associated with candidates who
may not represent its views. Scalia was joined by Justice Anthony
Kennedy.
Lawyers for the political parties said David Duke has identified
himself as a Republican, despite GOP repudiation of his racial
views, while perennial presidential candidate Lyndon LaRouche has
called himself a Democrat, despite wide disagreement with
Democratic leaders.
Under Washington's system, all candidates for a particular
office may list their political party preference after their names.
The top-two plan was created after state voters approved a law
in 2004 allowing them to pick their favorite candidate for each
office. The top two vote-getters would advance to the November
general election, even if they are from the same party.
The major parties challenged the law in federal court, asserting
a First Amendment right to select their own nominees without
outside interference.
A federal judge and the 9th U.S. Circuit Court of Appeals in San
Francisco struck down the election plan.
Washington state Attorney General Rob McKenna argued there was
no evidence that the parties would be harmed, since they can
publicize through advertising and other means which candidates they
support.
Tuesday's decision is the second of two this year on the rights
of political parties. In New York, the justices said the state's
method of electing trial judges, which gives party bosses effective
control of the process, does not violate the Constitution.