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Making the Court Come to Life: Developing Effective Judicial Politics Simulations
Unformatted Document Text:  system.” 57 Furthermore, in American Party of Texas v. White, it is established that “A state has compelling interests in preserving the integrity of the electoral process and in regulating the number of candidates on the ballot to avoid undue voter confusion.” 58 In other words, the state has an interest in regulating the number of candidates on the ballot by establishing a process that works for that specific state, as confusion or frustration may undermine the democratic process, itself. In sum, the Petitioners ask the Supreme Court to grant certiorari on this question to determine, first of all, if such a question is valid, considering the broad implications it has on a) limiting the right of parties to assemble; and b) the right of the state to create a process which it deems fit in order to regulate its judicial elections. Secondly, the Petitioners ask for certiorari to determine whether or not the 2 nd Circuit erred in its reasoning by only applying law which supported its underlying and preemptive belief that the system of party conventions in New York is invalid because it imposes severe burdens on insurgent candidates’ opportunities to participate in the candidate selection process. After examining this question, the Court may turn its attention to the question of whether or not the Second Circuit erred in imposing direct primaries. 3. Did the Second Circuit err when it imposed direct primaries after invalidating the convention system The Second Circuit Court erred when it held that the direct primary system imposed by the district court passed muster under the standards set forth by Ayotte v. Planned Parenthood of N. New England. 59 57 415 U.S. 724 at 715 58 415 U.S. 767 at 782, note 14. 59 462 F.3d 161.

Authors: Caufield, Rachel.
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system.”
Furthermore, in American Party of Texas v. White, it is established that “A state has
compelling interests in preserving the integrity of the electoral process and in regulating the
number of candidates on the ballot to avoid undue voter confusion.”
In other words, the state
has an interest in regulating the number of candidates on the ballot by establishing a process that
works for that specific state, as confusion or frustration may undermine the democratic process,
itself.
In sum, the Petitioners ask the Supreme Court to grant certiorari on this question to
determine, first of all, if such a question is valid, considering the broad implications it has on a)
limiting the right of parties to assemble; and b) the right of the state to create a process which it
deems fit in order to regulate its judicial elections. Secondly, the Petitioners ask for certiorari to
determine whether or not the 2
nd
Circuit erred in its reasoning by only applying law which
supported its underlying and preemptive belief that the system of party conventions in New York
is invalid because it imposes severe burdens on insurgent candidates’ opportunities to participate
in the candidate selection process. After examining this question, the Court may turn its
attention to the question of whether or not the Second Circuit erred in imposing direct primaries.
3. Did the Second Circuit err when it imposed direct primaries after invalidating the
convention system
The Second Circuit Court erred when it held that the direct primary system imposed by the
district court passed muster under the standards set forth by Ayotte v. Planned Parenthood of N.
New England.
57
415 U.S. 724 at 715
58
415 U.S. 767 at 782, note 14.
59
462 F.3d 161.


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