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FOSTER v. LOVE

No. 96-670.

522 U.S. 67 (1997)

FOSTER, GOVERNOR OF LOUISIANA, et al. v. LOVE et al.

United States Supreme Court.

Decided December 2, 1997.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Attorney General of Louisiana, argued the cause for petitioners. With him on the briefs were Roy A. Mongrue, Jr., and Angie Rogers Laplace, Assistant Attorneys General.

M. Miller Baker argued the cause for respondents. With him on the brief were John W. Perry, Jr., Daniel J. Balhoff, Thomas E. Balhoff, Judith R. Atkinson, and Brian M. Tauscher.

Souter, J., delivered the opinion for a unanimous Court with respect to Parts I, II, and IV, and the opinion of the Court with respect to Part III, in which Rehnquist, C. J., and Stevens, O'Connor, Ginsburg, and Breyer, JJ., joined.

Justice Souter delivered the opinion of the Court.*

Under 2 U. S. C. §§ 1 and 7, the Tuesday after the first Monday in November in an even-numbered year "is established" as the date for federal congressional elections. Louisiana's "open primary" statute provides an opportunity to fill the offices of United States Senator and Representative during the previous month, without any action to be taken on

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