Legal Opinion
Foster v. Love
Supreme Court of the United States
Decided December 2, 1997No. 96-670PublishedCited by 87 opinions
1Opinion of the CourtJustice Souter
Under 2 U. S. C. §§ 1 and 7, the Tuesday after the first Monday in November in an even-numbered year “is established” as the date for federal congressional elections. Louisiana’s “open primary” statute provides an opportunity to fill the offices of United States Senator and Representative during the previous month, without any action to be taken on federal election day. The issue before us is whether such an ostensible election runs afoul of the federal statute. We hold that it does.
I
The Elections Clause of the Constitution, Art. I, § 4, cl. 1, provides that “[t]he Times, Places and Manner of…
2Cases cited10 opinions
- United States v. ClassicSupreme Court of the United States · 1941
- Storer v. BrownSupreme Court of the United States · 1974
- Ex Parte SieboldSupreme Court of the United States · 1880
- Ex Parte YarbroughSupreme Court of the United States · 1884
- U. S. Term Limits, Inc. v. ThorntonSupreme Court of the United States · 1995
5 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- Armstrong v. Exceptional Child Center, Inc.Supreme Court of the United States · 2015
- Arizona v. Inter Tribal Council of Ariz., Inc.Supreme Court of the United States · 2013
- Fish v. KobachCourt of Appeals for the Tenth Circuit · 2016
- Jesus Gonzalez v. State of ArizonaCourt of Appeals for the Ninth Circuit · 2012
- Judge v. QuinnCourt of Appeals for the Seventh Circuit · 2010
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