This morning in Richmond, Virginia, the American Civil Liberties Union (ACLU), our country’s preeminent institutional guardian of Constitutional rights, argued the case of South Carolina Green Party (SCGP) v. South Carolina State Election Commission (SEC) in the Federal Court of Appeals (for the Fourth Circuit). For details click on this link: http://www.aclu.org/voting-rights/aclu-tells-appellate-court-south-carolinas-ballot-access-law-unconstitutional
Although a decision by the court may be weeks or months away, the SCGP remains optimistic. Furthermore, although I would not presume to speak for the ACLU, based on its unwavering commitment to the protection of Constitutional rights, I think the ACLU would, if necessary, be prepared to argue this case in the Supreme Court of the United States.
– Thanks to Eugene Platt for the update!
Various voting rights websites have been following this case. Ballot Access News offers this summary:
On May 11, the 4th circuit heard oral arguments in South Carolina Green Party v South Carolina Election Commission, 09-1915. The issue is whether the Green Party’s convention nomination of a legislative candidate, early in the election year, can be voided if that candidate then tries and fails to get another party’s nomination. The three judges were Barbara Keenan, an Obama appointee; Sam Wilson, a visiting U.S. District Court judge from Virginia and a Bush Sr. appointee; and Clyde Hamilton, another Bush Sr. appointee. Perhaps someone who attended the hearing may help us out and describe how the hearing went, via the comments section.
We will post the text of the court’s decision when it is released.