10th Circuit Court rules in favor of SB54 2-1. But the Chief Justice issued the dissenting vote.
Chief Justice TYMKOVICH, C.J., concurring in part and dissenting in part.
“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.
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 nominates, all the while masquerading as mere procedural reform. If true, such a project would severely burden the Party’s associational rights, and without compelling justifications, it would be unconstitutional. Because that is exactly what Utah has tried to do and because Utah has not provided adequate justification for placing such a burden on the Party’s associational rights,I would hold Utah’s election law violates the First Amendment.”
The Republican Party must decide if it wants to continue its battle for First Amendment rights or if it is ready to give up those rights.
I SAY, WE MUST ALWAYS FIGHT FOR FREEDOM, BECAUSE FREEDOM IS ALWAYS WORTH FIGHTING FOR!