Legal Opinion · Concurring in part, dissenting in part
Utah Republican Party v. Cox
Court of Appeals for the Tenth Circuit
Decided March 20, 2018No. 16-4091; 16-4098Published
1Concurring in part, dissenting in partTymkovich, C.J.
American legal thought is famed for its focus on procedure. And there is good reason: as every first-year civil procedure student learns, substance and procedure frequently form a Gordian knot-impossible to disentangle.1 This insight carries over into the Law of Democracy. One change to procedure can work a profound change to the substance of political parties, including which candidates they choose and what messages they communicate.
In this case, the Utah Republican Party claims that Utah's 2014 election law reforms purposely try to change the substantive type of candidates the Party…
2Cases cited40 opinions
- Elrod v. BurnsSupreme Court of the United States · 1976
- Ward v. Rock Against RacismSupreme Court of the United States · 1989
- Clark v. Community for Creative Non-ViolenceSupreme Court of the United States · 1984
- Anderson v. CelebrezzeSupreme Court of the United States · 1983
- Burdick v. TakushiSupreme Court of the United States · 1992
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