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Utah Republican Party, Applicant v. Spencer J. Cox, Lieutenant Governor of Utah, ...

Docket 18A216, Supreme Court of the United States (Aug. 24, 2018)
Petitioner Utah Republican Party
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Application to extend the time to file a - Main Document

Document Utah Republican Party, Applicant v. Spencer J. Cox, Lieutenant Governor of Utah, et al., 18A216, Application to extend the time to file a, Main Document (U.S. Aug. 24, 2018)
The Tenth Circuit denied rehearing en banc on June 8, 2018 (App B), with Chief Judge Tymkovich noting that the panel decision merits review by this Court.
App. A at 3–5 (majority opinion), “In effect, the new procedures transform the Party from a tight-knit community that chooses candidates deliberatively to a loosely affiliated collection of individuals who cast votes on a Tuesday in June.” App. A at 16 (Tymkovich, J., dissenting).
It was for that reason that the last time this Court considered a state law’s explicit attempt to moderate a party’s choice of candidate, California Democratic Party v. Jones, the law was ruled unconstitutional.
Thus, any legislature in the Tenth Circuit may now order the Sierra Club, the Boy Scouts, or even a private school, to open their decisions regarding leaders, teachers, and admin- istrators to all members without violating the First Amendment.
Counsel has spent a great deal of time over the past few weeks in litigation re- garding this seizure order, which contradicts settled First Amendment and due process precedents, and additional lines of statutory and con- stitutional authority.
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