Ross

Ross v. Alaska

Bad Law
189 F.3d 1107·99 Daily Journal DAR 9343·1999 WL 680345·1999 U.S. App. LEXIS 20952·99 Cal. Daily Op. Serv. 7262
United States Court of Appeals for the Ninth CircuitSeptember 2, 1999No. 98-35720California3,746 words

Opinion

Lead Opinion

Hug, J.

The Republican Party of Alaska, Wayne Anthony Ross, and Linda S. McKay (collectively, “Republican Party”), and the Alaska Libertarian Party (“ALP”), the Alaskan Independence Party (“AIP”), and Mark Chryson (collectively, “minor parties”) appeal the judgment of the district court dismissing this case. Appellants brought suit challenging Alaska’s “blanket primary” system of determining the nominees of political parties. See Alaska Stat. §§ 15.25.010-205 (Michie 1989). The district court granted partial summary judgment to defendants State of Alaska, et. al. (“the State”) with regard to the Republican Party, holding that the doctrine of issue preclusion barred the Republican Party from relitigating certain issues decided by the Alaska Supreme Court in O’Callaghan v. State, 914 P.2d 1250 (Alaska 1996). The district court also dismissed the claims of the minor parties because they failed to demonstrate the existence of an actual case or controversy. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we AFFIRM.

FACTUAL AND PROCEDURAL BACKGROUND

The issue in this lawsuit is the asserted unconstitutionality of Alaska’s “blanket primary” system of determining which candidates will…

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