Professor
Interesting and informative post on the decision. Thank you.
Re Justice Roberts' decision, based apparently on prudential grounds, there are other modes with which the same court on a different day can reach a decision.
If one looks at how corporations have come to be treated, protected, and coddled, constitutionally and judicially, by the Court, there seem to be discrepancies in how different decisions treat various private corporate entities.
Political parties are obviously a special case, but the Court does not always refrain prudentially when positive corporate rights as persons, even against real persons rather than legal fictions, are at stake (Just an illustrative example):
"Update: A federal judge dismissed the DNC lawsuit on August 28. The court recognized that the DNC treated voters unfairly, but ruled that the DNC is a private corporation; therefore, voters cannot protect their rights by turning to the courts:
“To the extent Plaintiffs wish to air their general grievances with the DNC or its candidate selection process, their redress is through the ballot box, the DNC’s internal workings, or their right of free speech — not through the judiciary.”
"Rather than reflecting on the consternation everyday voters are having over the conduct of the Democratic presidential primary, the DNC is doubling down on the assertion that the primary election belongs to the people who control the party — not voters.
"In the transcript for last week’s hearing in Wilding, et. al. v. DNC Services, d/b/a DNC and Deborah “Debbie” Wasserman Schultz, released Friday, DNC attorneys assert that the party has every right to favor one candidate or another, despite their party rules that state otherwise because, after all, they are a private corporation and they can change their rules if they want.
All the best
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