Legal Opinion
Kucinich v. Texas Democratic Party
Court of Appeals for the Fifth Circuit
Decided March 26, 2009No. 08-50038PublishedCited by 22 opinions
1Opinion of the Court
EDITH H. JONES, Chief Judge:
This appeal addresses the constitutionality of a Texas Democratic Party rule that requires prospective presidential candidates to swear that they will “fully support” the party’s presidential nominee, “whoever that shall be,” in order to qualify for the primary ballot. Former candidate Dennis Kucinich (“Kucinich”) and his supporters urge that the oath is unconstitutionally vague and unduly burdens their respective rights to qualify for the ballot and vote for him as a candidate. The Texas Democratic Party (“TDP”) defends its loyalty oath as a means to protect the…
2Cases cited35 opinions
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- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Honig v. DoeSupreme Court of the United States · 1988
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3Cited by22 opinions
- David Wilson v. Gerald BirnbergCourt of Appeals for the Fifth Circuit · 2012
- Catholic Ldrship Coaltn of TX v. David ReisCourt of Appeals for the Fifth Circuit · 2014
- Brian Moore v. Delbert HosemannCourt of Appeals for the Fifth Circuit · 2009
- Jane Doe I v. Juana Marine-LombardCourt of Appeals for the Fifth Circuit · 2018
- Brackeen v. HaalandCourt of Appeals for the Fifth Circuit · 2021
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