Legal Opinion

CONSTITUTION PARTY OF, PENN. v. Cortes

District Court, E.D. Pennsylvania

Decided July 16, 2010No. 2:09-mj-01691PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM

STENGEL, District Judge.

This involves six plaintiffs in search of a case. The Constitution Party of Pennsylvania, The Green Party of Pennsylvania, and the Libertarian Party of Pennsylvania, and the chairs of the three parties, challenge the constitutionality of certain sections of the Pennsylvania Election Code. They believe the sections place unreasonable burdens on non-major party candidates. 1 The defendants 2 filed motions to dismiss the amended complaint. 3

Because the plaintiffs present no case or controversy as required by Article III of the Constitution, I will dismiss their…

2Cases cited46 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Conley v. GibsonSupreme Court of the United States · 1957
  3. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  4. District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
  5. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000

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3Cited by2 opinions

  1. Plains All American Pipeline, L.P. v. CookDistrict Court, D. Delaware · 2016
  2. TruePosition, Inc. v. LM Ericsson Telephone Co.District Court, E.D. Pennsylvania · 2013

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