United States First Circuit

In a suit brought by the candidates of the Libertarian Party against the Secretary of State of Massachusetts, challenging the Secretary's refusal to include them on the statewide ballot for president and vice-president in the 2008 general election, district court's judgment in favor of the candidates in reversed in part, vacated in part and remanded where: 1) because most aspects of this case satisfy both prongs of the "capable of repetition, yet evading review" exception, a live dispute remains with respect to the constitutional questions at issue in this case; 2) decision of the district court on the equal protection claim is reversed and its decision and judgment in all other respects is vacated as, the Equal Protection Clause does not require the Commonwealth to afford a substitution mechanism applicable to non-party candidates; and 3) because both of the preconditions for Pullman abstention are satisfied in this case, the plaintiffs' claims concerning the Secretary's prior pronouncements are either moot or likely to be rendered moot by the state courts' interpretation of the statutory scheme.

Appellate Information

• Decided 11/16/2010
• Published 11/16/2010

Judges

• SELYA

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Amy Spector, Matthew C. Baltay