New York State Board of Elections, et al. v. Margarita Lopez Torres et al (552 U.S. 196)
U.S. Supreme Court · decided January 16, 2008 · Supreme Court Database (Spaeth)
- Citation
- 552 U.S. 196 · 128 S. Ct. 791
- Decided
- January 16, 2008
- Term
- October Term 2007
- Vote
- 9–0
- Majority author
- Justice Scalia
- Issue area
- First Amendment
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Scalia delivered the opinion of the Court. The State of New York requires that political parties select their nominees for Supreme Court Justice at a convention of delegates chosen by party members in a primary election. We consider whether this electoral system violates the First Amendment rights of prospective party candidates. I A The Supreme Court of New York is the State’s trial court of general jurisdiction, with an Appellate Division that hears appeals from certain lower courts. See N. Y. Const., Art. VI, §§ 7, 8. Under New York’s current Constitution, the State is divided into 12 judicial districts, see Art. VI, § 6(a); N. Y. Jud. Law Ann. § 140 (West 2005), and Supreme Court Justices are elected to 14-year terms in each such district, see N. Y. Const., Art. VI, § 6(c). The New York Legislature has provided for the election of a total of 328 Supreme Court Justices in this fashion. See N. Y. Jud. Law Ann. § 140-a (West Supp. 2007). Over the years, New York has changed the method by which Supreme Court Justices are selected several times. Under the New York Constitution of 1821, Art. IV, §7, all judicial officers, except Justices of the Peace, were appointed by the Governor with the consent of the Senate. See 7 Sources and Documents of the U. S. Constitutions 181, 184-185 (W. Swindler ed. 1978). In 1846, New York amended its Constitution to require popular…
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