California Democratic Party v. Jones
Encyclopedia
California Democratic Party v. Jones, 530 U.S. 567 (2000), was a case in which the United States Supreme Court
held that California's blanket primary
violates a political party's First Amendment
freedom of association
.
, the California Republican Party, the Libertarian Party of California, and the Peace and Freedom Party have historically prohibited nonmembers from voting in their party's primary. Each political party filed suit against Bill Jones, the California Secretary of State
, alleging that the blanket primary violated their First Amendment right of association. Jones countered that a blanket primary will intensify the election and allow for better representation in elected office. Siding with Jones, District Judge David F. Levi
(now Dean of Duke Law School) held that the primary's burden on the parties' associational rights was not severe and was justified by substantial state interests. The Court of Appeals affirmed.
In a 7-2 opinion delivered by Justice Antonin Scalia
, the Court held that California's blanket primary violates a political party's First Amendment right of association. "Proposition 198 forces political parties to associate with—to have their nominees, and hence their positions, determined by—those who, at best, have refused to affiliate with the party, and, at worst, have expressly affiliated with a rival," wrote Justice Antonin Scalia
for the majority. "A single election in which the party nominee is selected by nonparty members could be enough to destroy the party." Justice Scalia went on to state for the Court that Proposition 198 takes away a party's "basic function" to choose its own leaders and is functionally "both severe and unnecessary."
Justices John Paul Stevens
and Ruth Bader Ginsburg
dissented. Stevens wrote: "This Court's willingness to invalidate the primary schemes of 3 States and cast serious constitutional doubt on the schemes of 29 others at the parties' behest is an extraordinary intrusion into the complex and changing election laws of the States."
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that California's blanket primary
Blanket primary
The blanket primary is a system used for selecting political party candidates in a primary election in the USA. In a blanket primary, voters may pick one candidate for each office without regard to party lines; for instance, a voter might select a Democratic candidate for governor and a Republican...
violates a political party's First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
freedom of association
Freedom of association
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
.
Prior history
In California, candidates for public office can gain access to the general ballot by winning a qualified political party's primary. In 1996, voter approved Proposition 198 changed California's partisan primary from a closed primary, in which only a political party's members can vote on its nominees, to a blanket primary, in which each voter's ballot lists every candidate regardless of party affiliation and allows the voter to choose freely among them. The candidate of each party who wins the most votes is that party's nominee for the general election. The California Democratic PartyCalifornia Democratic Party
The California Democratic Party is the state branch of the Democratic Party in the state of California, headquartered in Sacramento. It is chaired by veteran Democratic politician and former United States Representative John L. Burton, who succeeded Art Torres in April 2009. It is the majority...
, the California Republican Party, the Libertarian Party of California, and the Peace and Freedom Party have historically prohibited nonmembers from voting in their party's primary. Each political party filed suit against Bill Jones, the California Secretary of State
California Secretary of State
The Secretary of State of California is the chief elections officer of that U.S. state. The Secretary of State is also responsible for the California State Archives, as well as chartering corporations. The Secretary of State is elected to four year terms, concurrent with the other constitutional...
, alleging that the blanket primary violated their First Amendment right of association. Jones countered that a blanket primary will intensify the election and allow for better representation in elected office. Siding with Jones, District Judge David F. Levi
David F. Levi
David F. Levi is a U.S. jurist and current Dean of the Duke University School of Law. From 1990–2007, he was a Judge of the United States District Court for the Eastern District of California, serving as Chief Judge since 2003. At the time Levi left the bench, he was widely considered to be one...
(now Dean of Duke Law School) held that the primary's burden on the parties' associational rights was not severe and was justified by substantial state interests. The Court of Appeals affirmed.
Case
California Democratic Party v. Jones presented the following question: Does California's voter-approved Proposition 198, which changes its partisan primary from a closed primary to a blanket primary, violate political parties' First Amendment right of association?In a 7-2 opinion delivered by Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
, the Court held that California's blanket primary violates a political party's First Amendment right of association. "Proposition 198 forces political parties to associate with—to have their nominees, and hence their positions, determined by—those who, at best, have refused to affiliate with the party, and, at worst, have expressly affiliated with a rival," wrote Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
for the majority. "A single election in which the party nominee is selected by nonparty members could be enough to destroy the party." Justice Scalia went on to state for the Court that Proposition 198 takes away a party's "basic function" to choose its own leaders and is functionally "both severe and unnecessary."
Justices John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
and Ruth Bader Ginsburg
Ruth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
dissented. Stevens wrote: "This Court's willingness to invalidate the primary schemes of 3 States and cast serious constitutional doubt on the schemes of 29 others at the parties' behest is an extraordinary intrusion into the complex and changing election laws of the States."
See also
- List of United States Supreme Court cases, volume 530
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume