Tuesday, March 18, 2008
Further thoughts on DNC re-voting
I wanted to say add a little to the previous post that I didn't have time for this morning and clarify some things. The plaintiff in this case is arguing from an equal protection standpoint -- but this only applies to how the government must treat people. On the other hand, as I pointed out originally, the First Amendment guarantees that private organizations can restrict their membership and set their own rules. Where this gets interesting is that the state primaries were funded by the state government, and government-funded entities are not allowed to discriminate. But no one was denied participation in the state primary -- they are only being denied access to the national convention, which isn't government funded.
And that raises another interesting question that I am unsure of the legality of. If a state primary is funded by the state, on what basis do some state primaries have to restrict access only to party members? It seems there is a Fourteenth amendment problem there. I would be intested in hearing arguments about this. I'd like to see a case removing government funding from these elections.
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