REPUBLICAN PARTY OF STATE OF CONN. v. TASHJIAN

No. 1165, Docket 85-7011.

770 F.2d 265 (1985)

REPUBLICAN PARTY OF the STATE OF CONNECTICUT, Lowell P. Weicker, Jr., Stewart B. McKinney, Nancy L. Johnson and Thomas J. D'Amore, Jr., Plaintiffs-Appellees, v. Julia H. TASHJIAN, Secretary of the State of the State of Connecticut, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 8, 1985.


Attorney(s) appearing for the Case

Elliot F. Gerson, Deputy Atty. Gen., Hartford, Conn. (Joseph I. Lieberman, Atty. Gen. of Connecticut, Barney Lapp, Daniel R. Schaefer, Henry S. Cohn, Asst. Attys. Gen., Hartford, Conn., of counsel), for defendant-appellant.

Stanley A. Twardy, Jr., Silver, Golub & Sandak, Stamford, Conn. (David S. Golub, Stamford, Conn., of counsel), Ralph G. Elliot, Tyler, Cooper & Alcorn, Hartford, Conn., for plaintiffs-appellees.

Stephen E. Gottlieb, Albany Law School, Albany, N.Y., for amici curiae, political scientists.

James A. Wade, Robinson & Cole, Hartford, Conn., for amicus curiae, Democratic Party of the State of Conn.

Martin Margulies, University of Bridgeport School of Law, Bridgeport, Conn. and Martha Stone, Connecticut Civil Liberties Union Foundation, Hartford, Conn., for amicus curiae, Connecticut Civil Liberties Union.

Before KAUFMAN, OAKES and CARDAMONE, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

Fascinated by the penchant of Americans to band together and gather strength from association, Alexis de Tocqueville wrote:

The most natural privilege of man, next to the right of acting for himself, is that of combining his exertions with those of his fellow creatures, and of acting in common with them. The right of association therefore appears to me almost as inalienable in its nature as the

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