Love v. Foster

DENNIS, Circuit Judge, with whom POLITZ, Chief Judge, and SMITH, Circuit Judge, join,

dissenting from failure to grant rehearing en banc.

I respectfully dissent from the court’s failure to grant rehearing en banc because (1) the panel majority erroneously declared a state statute preempted by a federal law due to its failure to correctly apply the- controlling Supreme Court precedents regarding federal preemption; and, (2), even as supplemented by per curiam, the panel opinion should be clarified and limited because it casts doubt on the constitutionality of all other state primary election…