Congressional Digest

Supreme Court Debates October 2005 No. 7 Vol. 8
South Dakota, Maryland, et al., Amici 
Curiae

Election Participation

The Constitutionality of State Bans on Open Primaries

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South Dakota, Maryland, et al., Amici Curiae

Gene C. Schaerr, Counsel of RecordSouth Dakota and Maryland are joined in this brief by six other States, all of which have semi-closed primary systems similar to Oklahoma’s. Gene C. Schaerr is a partner with the law firm Sidley Austin Brown & Wood. He received his law degree from Yale University in 1985. The following is excerpted from the Amicus Curiae Brief for the Petitioners as submitted to the U.S. Supreme Court on November 22, 2004.A semi-closed primary of the kind employed in Oklahoma does not violate the First Amendment rights of small parties and, indeed, fits comfortably within this…

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