MISSISSIPPI STATE DEMOCRATIC PARTY; Mississippi State Democratic Party Executive Committee, Plaintiffs-Appellants-Cross-Appellees-Appellees,
National Association for the Advancement of Colored People, Intervenor-Appellant,
v.
Governor Haley BARBOUR; Secretary of State C. Delbert Hosemann, Jr., in their official capacities as members of Mississippi State Board of the Election Commissioners, Defendants-Appellees,
Attorney General Jim Hood, Defendant-Appellee-Cross-Appellant,
Mississippi Republican Executive Committee, Intervenor Defendant-Appellant.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
May 28, 2008.
May 28, 2008.
Attorney(s) appearing for the Case
Ellis F. Turnage (argued), Turnage Law Office, Cleveland, MS, for Mississippi State Democratic Party and Mississippi State Democratic Party Executive Committee.
R. Andrew Taggart, Jr. (argued), Madison, MS, Spencer Jayor Flatgard, Spencer Flatgard Legal Counsel PLLC, Jackson, MS, for Haley Barbour.
Harold Edward Pizzetta, III (argued), Jackson, MS, for Jim Hood.
Stephen L. Thomas (argued), Amanda Kay Jones, Bradley, Arant, Rose & White, Jackson, MS, for C. Delbert Hosemann, Jr.
Robert Bruce McDuff, Jackson, MS, Fred L. Banks, Jr. (argued), Phelps Dunbar, Jackson, MS, for N.A.A.C.P.
Michael Brunson Wallace (argued), Wise Carter Child & Caraway, Jackson, MS, for Mississippi Republican Executive Committee.
Before JONES, Chief Judge, and DAVIS and GARZA, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
EDITH H. JONES, Chief Judge:
Plaintiffs Mississippi Democratic Party and Mississippi Democratic Executive Committee filed a declaratory judgment action seeking to overturn as unconstitutional Mississippi's semi-closed primary1 statute, Miss.Code Ann. § 23-15-575. They succeeded beyond their expectations when the district court declared the statute unconstitutional and fashioned a sweeping...
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