CALIFORNIA DEMOCRATIC PARTY v. JONES

No. 99-401.

530 U.S. 567 (2000)

CALIFORNIA DEMOCRATIC PARTY et al. v. JONES, SECRETARY OF STATE OF CALIFORNIA, et al.

United States Supreme Court.

Decided June 26, 2000.


Attorney(s) appearing for the Case

George Waters argued the cause for petitioners. With him on the briefs were Lance H. Olson, N. Eugene Hill, and Charles H. Bell, Jr.

Thomas F. Gede, Special Assistant Attorney General of California, argued the cause for respondents. With him on the brief were Bill Lockyer, Attorney General, Manuel M. Medeiros, Senior Assistant Attorney General, Andrea Lynn Hoch, Lead Supervising Deputy Attorney General, and James P. Clark.*

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, Souter, Thomas, and Breyer, JJ., joined. Kennedy, J., filed a concurring opinion, p. 586. Stevens, J., filed a dissenting opinion, in which Ginsburg, J., joined as to Part I, p. 590.


Justice Scalia, delivered the opinion of the Court.

This case presents the question whether the State of California may, consistent with the First Amendment to the United States Constitution, use a so-called "blanket" primary to determine a political party's nominee for the general election.

I

Under California law, a candidate for public office has two routes to gain access to the general ballot for most state and federal elective offices. He may...

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