Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits.
Our list of "Petitions to watch for that Conference is here.

Libertarian Party of Washington State v. Washington State Grange

Petition for certiorari denied on October 1, 2012

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Docket No. Op. Below Argument Opinion Vote Author Term
11-1266 9th Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether, by denying minor parties, including the Libertarian Party, virtually all access to the general election ballot, Washington’s Initiative I-872 -- which provides that the top two votegetters for each office advance to the general election -- violates the constitutional rights of minor parties and voters; (2) whether, by denying the Libertarian Party the right to disavow false candidacies or to acknowledge its nominee on the ballot or in any official publication, I-872 – which provides that candidates for office shall be identified on the ballot by their self-designated “party preference” -- violates the associational rights of the Libertarian Party; (3) whether, by denying the Libertarian Party the right to disavow false candidacies or to acknowledge its nominee on the ballot or in any official publication, I-872 denies the Libertarian Party trademark protection guaranteed by federal law; and (4) whether the unauthorized use of the trademarked name “Libertarian Party” by the State on election ballots to indicate “party preference” of unaffiliated candidates constitutes competition with the Libertarian Party in violation of the Lanham Act?

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