Throwing the Party: How the Supreme Court Puts Political Party Organizations Ahead of Voters

ISBN-13: 9781009095853 / Angielski / Miękka / 2022

Wayne (University of Delaware) Batchis

Opis

From primaries to gerrymandering, this book scrutinizes and offers a proposed solution to the Supreme Court's problematic political parties' jurisprudence.

Recenzje

'Political parties are private organizations with profoundly public effects. We value their rights of association while recognizing major competing First Amendment interests. Professor Batchis deftly navigates this complicated and important area of law with clarity and nuance, offering a thoughtful way forward as we think about the proper legal framework for political parties in this era of intense partisanship.' Derek T. Muller, Professor of Law, Bouma Fellow in Law, University of Iowa College of Law

Spis treści

Part I. Foundations: 1. Introduction; 2. The Supreme Court's approach to political parties; 3. The association versus the individual; Part II. Party Primaries: 4. Setting the stage; 5. Primaries and the party in the electorate: the right to vote; 6. Double standards: organizations over individuals and major over minor parties; 7. Doubling down on the party organization in service of the major parties; Part III. The Party, the Court, and Campaign Finance Law: 8. Party speech through money; 9. An ill-fitting party campaign finance jurisprudence; 10. Parties and the current campaign finance landscape; Part IV. Passé Equal Protection and a Way Forward; 11. Party and equality; 12. The political question: is there room for equal protection in partisan gerrymandering?; 13. A potential solution: the party system as a public forum; 14. Conclusion.