Washington Attorney General Will Personally Argue “Top-Two” Case in US Supreme Court

Washington State’s Attorney General, Rob McKenna, will personally argue in the U.S. Supreme Court on October 1, 2007, when the Court hears the case over whether “top-two” primaries, in conjunction with party labels, are constitutional if political parties object.

It is unusual for State Attorney Generals themselves to argue cases in any court. The writer of this note has been attending U.S. Supreme Court election law hearings since 1971. Only twice has he seen any state Attorney General argue in that court. Louisiana Attorney General Richard Ieyoub, a Democrat, defended Louisiana’s old practice of holding congressional elections in late September or early October. Louisiana lost that case unanimously. Also, Tennessee Attorney General Charles Burson defended Tennessee’s law, prohibiting electioneering within 100 feet of the polls. Tennessee won that case 6-3.

Washington Attorney General Rob McKenna is a Republican in his first term. The hearing date, October 1, 2007, will also be his 45th birthday.


Comments

Washington Attorney General Will Personally Argue “Top-Two” Case in US Supreme Court — No Comments

  1. Under the old setup, Louisiana was holding the first round of its congressional elections prior to November, with all candidates, of course, running in the same election. If no one got 50%-plus, the top two vote-getters had a runoff on federal election day in November. Between 1978 and 1996, 84% of Louisiana’s U. S. senators and representatives were elected before November.

    Richard Ieyoub, by the way, is now a Republican.

  2. I believe Slade Gorton, WA AG from 68-80, argued cases personally before the U.S. Supreme Court.

  3. Attorney General McKenna argued and won his first case in the Supreme Court earlier this year in Washington v. Washington Education Association, a campaign finance case. In the interest of full disclosure, I am his communications director. Here’s a link to the news release announcing this victory: http://www.atg.wa.gov/pressrelease.aspx?&id=15928
    Jack Ryan is correct, Washington AG Slade Gorton and AG Christine Gregoire after him both argued cases before the Supreme Court. Though in Richard’s defense, it is generally rare that the AG argues the case.

  4. I feel that an AG should argue a case in the court, especilly if it is to benefit the state which the AG represents. I am from La. and am very proud of Richard’s Ieyoub’s conduct while being our AG. for the state of Louisiana. What Richard Ieyoub did may have been rare, but he did what was right.
    Thank you
    Darlene Cooper

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