Thursday, January 17, 2008

Stupid, but Constitutional

That seems to be the consensus on the Supreme Court as it rules today that New York state's method of selecting trial court judges gives strength to party bosses at the expense of fairness does not violate the constitution.

From the majority decision (as quoted in the Washington Post): "Party conventions, with their attendant 'smoke-filled rooms' and domination by party leaders, have long been an accepted manner of selecting party candidates," Scalia wrote.

More broadly, the opinion said, "A political party has a First Amendment right to limit its membership as it wishes and to choose a candidate-selection process that will in its view produce the nominee who best represents its political platform."

The case is New York State Board of Education v. Lopez.

Here is the transcript of the oral argument.
Read the opinion here.
The Docket, from Northwestern Law School.