Professional Documents
Culture Documents
Utah Republican Party Chair James Evans Letter, 11.10.2015
Utah Republican Party Chair James Evans Letter, 11.10.2015
Utah Republican Party v. Herbert, et al., Case No. 2:14-cv-876-DN (D. Utah), Oct. 27, 2015 Hrg. Tr. at
35:13-15 (which brings me back to my original point about membership because thats really going to be
the next lawsuit).
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Robert Gehrke, Utah Election Dispute Likely Headed Back To Court, Unless Lawmakers Intervene,
SALT LAKE TRIBUNE, Nov. 4, 2015, available at http://www.sltrib.com/home/3139170-155/utah-electiondispute-likely-headed-back.
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The United States Supreme Court has summarized the applicable legal principles:
In no area is the political associations right to exclude more important than in the process of
selecting its nominee. That process often determines the partys positions on the most significant
public policy issues of the day, and even when those positions are predetermined it is the nominee
who becomes the partys ambassador to the general electorate in winning it over to the partys
views.
...
Unsurprisingly, our cases vigorously affirm the special place the First Amendment reserves for,
and the special protection it accords, the process by which a political party select[s] a standard
bearer who best represents the partys ideologies and preferences. The moment of choosing the
partys nominee, we have said, is the crucial juncture at which the appeal to common principles
may be translated into concerted action, and hence to political power in the community.
California Democratic Party v. Jones, 530 U.S. 567, 575 (2000) (quoting Tashjian v. Republican Party of
Connecticut, 479 U.S. 208, 216 (1986), and Eu v. San Francisco County Democratic Central Committee,
489 U.S. 214, 224 (1989)).