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Making the Court Come to Life: Developing Effective Judicial Politics Simulations
Unformatted Document Text:  3. Did the Second Circuit err when it imposed direct primaries after  invalidating the convention system? Statement of the Case This case involves the constitutionality of the process which has been used for many years to choose judges to serve on the Supreme Court of the State of New York. 33 The Supreme Court of the State of New York is a trial court of general jurisdiction; it is not a court of last resort. 34 Prior to this case, New York used a partisan convention system to select nominees for its Supreme Court. 35 The respondents contended that this procedure violates the First and Fourteenth Amendments of the Constitution by depriving voters of their ability to choose the candidates which will represent their political party and that it also places insurmountable obstacles in the path of individuals who wish to become a judge without the support of their party. 36 The case was originally heard by the United States District Court for the Eastern District of New York. The Court ruled that New York’s electoral scheme deprives voters of a “meaningful role” which results in “an opaque, undemocratic selection procedure that violates the rights of the voters and the rights of candidates who lack the backing of local party leaders.” 37 Additionally, the District Court demanded that all nominations for the Supreme Court of the State of New York proceed by primary elections until the New York legislature enacts a new method of selection which can pass muster. 38 Subsequently, the case was appealed to the United States Court of Appeals for the 33 411 F. Supp. 2d 212 at 214. 34 Id. At 215. 35 Ibid. 36 Id. At 214. 37 Ibid. 38 Ibid.

Authors: Caufield, Rachel.
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3. Did the Second Circuit err when it imposed direct primaries after 
invalidating the convention system?
Statement of the Case
This case involves the constitutionality of the process which has been used for many years to
choose judges to serve on the Supreme Court of the State of New York.
The Supreme Court of
the State of New York is a trial court of general jurisdiction; it is not a court of last resort.
Prior
to this case, New York used a partisan convention system to select nominees for its Supreme
Court.
The respondents contended that this procedure violates the First and Fourteenth
Amendments of the Constitution by depriving voters of their ability to choose the candidates
which will represent their political party and that it also places insurmountable obstacles in the
path of individuals who wish to become a judge without the support of their party.
The case
was originally heard by the United States District Court for the Eastern District of New York.
The Court ruled that New York’s electoral scheme deprives voters of a “meaningful role” which
results in “an opaque, undemocratic selection procedure that violates the rights of the voters and
the rights of candidates who lack the backing of local party leaders.”
Additionally, the District
Court demanded that all nominations for the Supreme Court of the State of New York proceed
by primary elections until the New York legislature enacts a new method of selection which can
pass muster.
Subsequently, the case was appealed to the United States Court of Appeals for the
33
411 F. Supp. 2d 212 at 214.
34
Id. At 215.
35
Ibid.
36
Id. At 214.
37
Ibid.
38
Ibid.


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